When dismissed, they do not give the work book: what to do?

An employee’s work book is an official document of a unified form approved by law. It contains information about the qualifications and experience of the employee. In addition, the document reflects information on the appointment of rank and rank. For this reason, many are afraid to lose it or do not know how to behave if the employer does not give the work book. What to do in this case?

According to the established rules, the employer leads the workbook, which can be played by both an individual and a legal entity. The filling procedure is fixed in article 66 of the Labor Code of the Russian Federation. In accordance with the standards, each employee carrying out work activities in the organization for a period of more than 5 days must be documented with an appropriate entry in the work book. An exception can only be the situation when the activity is not the main for the employee.

Employee Workbook

If the employee already has a work book, then it must be presented to him, among other documents that are required for registration. At the same time, taking a part-time job, the employee has the right to request that a corresponding mark be entered in it. To do this, he needs to submit to the main workplace a document confirming that he is carrying out additional activities elsewhere. In other words, in combination. Based on this certificate, the personnel officer makes an entry in the employee’s work book. Upon dismissal, the document must certainly be handed over to the employee.

Despite the fact that in the modern world the work book no longer fulfills the functions laid down in it initially, it still remains the prevailing document of the employee. Everyone should have it. Therefore, many are confused if the organization does not give the work book, and do not know what to do. Most of the functions of this document have been transferred to the Pension Fund, which, due to the introduction of the personified accounting system, has the opportunity to store information about the employee's experience, the pension contributions paid by him and about the amount of salary in his own database.

Document Functions

Based on the information contained in the labor, after calculation, unemployment benefits are formed. When leaving work, the employer makes a note about the basis of what documents and under what article the employee was dismissed. Based on this information, the size of the allowance is established.

Until 2007, the amount of payments on the sheet of temporary disability was dependent on the length of service of the employee and accrued according to the following scheme:

1. Work experience less than 5 years - the day was paid in the amount of 60% of the average salary of a working day.
2. From 5 to 8 years - 80%.
3. More than 8 years - 100%.

Today this rule is no longer valid. In addition, the interruption of seniority is not reflected in the calculation of pensions. This amount depends solely on the amount of contributions paid by the employee to the Pension Fund during the course of their activities.

Speaking about the procedure for returning the employee to the job upon dismissal and what to do if they do not give the work book, this issue should be considered separately, since the process itself is accompanied by some aspects that should be taken into account when calculating the employee. Failure to comply with the standards may entail not only additional costs, but also the administrative responsibility of the relevant individuals and organizations.

Issuance of labor after dismissal

The first question requiring attention is as follows: “At what point should this happen, and if they do not give the work book to the Republic of Belarus, what should I do?” According to the rules, all documents are issued on the last working day of the employee. At the same time, all relevant records of dismissal should be entered in the book. In this case, an indication of the article under which the labor agreement is broken is carried out.

But there are a number of situations in which a different period for issuing documents upon dismissal is provided. These reasons are associated with the lack of the ability to transfer the employee to the employee on the last day of his work activity. The following situations may arise:

1. The absence of the employee on the last day of service.
2. Refusal of an employee to receive a work book.

In these situations, the tenant is not to blame for the fact that the issuance of the document was not carried out. But he, in turn, is obliged to inform the employee in writing of his obligation to pick up the document or give written consent to send it by mail. The answer to the question: "The employer does not give the work book - what to do?" - you will learn below.

Saving a work book

An employee who has not received a document in the prescribed period may contact the employer with a request to issue it at any time. The work book must be transferred to him no later than three days from the date of receipt of the application.

If no requests were received from the employee, then the document should be stored in the company. What is the deadline? How long should the work book be kept after dismissal? In accordance with the established standards, the document must be held by the tenant until the issue is made. All this time, the organization is responsible for its safety.

Who can get for the employee of shopping mall

Quite often in practice there are situations when a former subordinate for some reason is not able to personally come to the office or receive a document by mail. What to do? In this case, the right to receive a work book and other accompanying documents by relatives or an authorized person is provided.

For this, a citizen who takes the documentation is required to present a paper drawn up in accordance with all the rules with a notary and endorsed by him. The following information must be included in the power of attorney:

1. Passport information of both parties (principal and authorized person).
2. Description of actions for which a power of attorney is issued.
3. Signatures of all participants.
4. The validity period of the document.

Upon receipt of the documents, the trustee writes a receipt containing all the data about when, under what conditions and who took the documentation of the former employee. The personnel officer, in turn, makes an entry in the personal card and account book on the delivery of the work book indicating the documents on the basis of which the extradition was carried out.

The employer does not give the work book: what to do?

There are reverse situations when an employee wants to pick up documents, but the employer does not give them away. What to do in this situation? In this case, proceed as follows:

1. The employee should contact the employer by writing a statement addressed to the Director General and demand that he be given a work record book with a note of resignation, as well as a calculation, having written in the text the estimated number of leaving work, which is the date of transfer of documents. The petition is submitted to the authorized person. Most often it is the head of the personnel department. The procedure is under signing on another copy or is sent by mail with a description of the attachment and a notification of receipt. Usually these actions are quite enough. The employee is given all the necessary documents, since no one wants extra problems in the company.
2. If the employer does not give the work book, what should I do? If the first step has not yielded results, then the next thing to do is file a complaint with the labor inspectorate.If, after the audit, the applicant’s information is confirmed, then the tenant will be sent a request to correct the violations. In addition, he may be held administratively liable.
3. What to do when they do not give the work book upon dismissal, even after contacting the inspection? If this did not work, then the last option remains - filing a statement of claim to the court. In this situation, the employer will not only have to return the document, but also pay him a material reward. The main thing is not to delay the application. After all, there is a limitation period, which in this case is equal to three months.

Application Preparation Procedure

Where to go if you do not give the work book? First of all, it is worth consulting with a lawyer. He will consider the situation from the side of the law and help to make all the necessary statements. If you decide to fight on your own, then the rules described below will definitely come in handy. So, when preparing a statement, you must adhere to the following rules:

1. The volume should not exceed three pages.
2. The wording should be clear and precise, without unnecessary digressions.
3. The text should indicate all facts of violation of legal norms with reference to articles of the Labor Code.
4. The structure of the claim that will be issued in court must be followed.

The statement of claim can be filed in various ways:

1. Personally in hand, making an appointment with the judge in advance.
2. Send by registered mail.

How to get a document if the manager hid

The difficulty for the employee in this situation, when they do not give the work book after leaving, is that it is not possible to contact the former employer to obtain documents. Such situations most often occur if a company has debts, the manager hides, and it is impossible to establish his whereabouts.

The only option to return the work book in this case is to go to court. But it should be understood that in such circumstances, the proceedings may drag on for months or even years. Once in this situation, it is better to get a new work book and work on it.

How to recover data

All document data can be restored through the Pension Fund, where deductions from the previous place of work were received. For this, a citizen must write an application and submit a passport. As a result, a certificate with all the information will be issued. But it is important not to forget that this is possible only if the registration was official and the employer made monthly contributions to the Pension Fund.