The work book was not issued upon dismissal of the employee: options for obtaining

The dismissal of any person from the company involves the need for the employer to compile numerous documents. It is necessary to enter the necessary information into the workbook of the hired specialist, as well as make a calculation with him. It is necessary to carry out these actions in strictly established terms, otherwise the head of the enterprise will be held accountable. At the same time, workers often face the fact that they did not give out a work book upon dismissal. This is a gross violation of labor law, so it is important to understand what methods a document is issued when it should be transferred to the owner, and also what is the employer's responsibility for violations.

Dates for issuing a document

The Labor Code clearly describes when employers are required to issue a work book upon dismissal. According to the law, a document is transmitted on the day when the employment relationship between the employee and the employer is directly terminated. He is the last day an employee works in a company.

Other nuances of obtaining a document include:

• registration and entering information into the book is done by employees of the personnel department;
• the document must contain information about the order number, on the basis of which the termination of the employment contract occurs;
• it is required to leave a link to a specific article of the TC, on the basis of which the dismissal of a specialist occurs;
• reasons are given for terminating cooperation between the two parties;
• HR officers do not spend much time preparing a document, therefore information is usually entered literally in one day, although this is given two weeks, during which the employee is trained in the company.

If an employee knows when they should give out a work book upon dismissal, he may demand that the employer comply with these deadlines. If the management of the company violates the Labor Code, then it may be held liable.

Mining duration

The work book is prepared by employees of the personnel service during the training of an employee in the company. Its duration may be different, as it depends on various factors:

• if a specialist leaves at his own request, he will have to work at the company for two weeks, during which the necessary information is entered into his workbook;
• if the employee is dismissed by the head of the company in connection with the reduction, then a notification about this event must be issued one month before the final termination of the contract;
• upon dismissal of employees holding managerial positions, a period of one month shall be established for them;
• seasonal employees continue to work for an additional 7 days after the preparation of the application;
• Persons working on a trial period or on the basis of a fixed-term contract are warned of termination of employment in three days.

Often, employees take a vacation with subsequent dismissal. The personnel book should be issued by HR specialists on the day that is considered the last day of the employee’s work. To do this, he will need to leave the vacation and come to work to obtain the final payment and the necessary documents.

Every employer should know how long it takes to work. It is during this period that a work book and other documents are prepared.Company executives can voluntarily reduce the number of working days, about which it is necessary to notify HR specialists so that they quickly prepare the necessary documentation.

When is the delay allowed?

If the employer does not issue the work book after dismissal, then this is indeed a serious offense. But there are certain situations where such a delay is allowed by law. These include:

• on the last day of work, the employee himself did not come to the company, therefore there is no opportunity for the employer to hand him the document in person;
• a controversial situation arises as to when exactly the contract is terminated;
• the employee does not want to receive the document, as he is sure that there are no reasons for his dismissal.

But most often employees have to face the fact that it is the employer who violates the law. Managers do not give out a work book after dismissal, as they have a bad relationship with the employee. In such an illegal way, they are trying to get specialists to work a few more days.

What to do if an employee does not want to receive a document?

Often the relationship between the employer and the employee deteriorates, which leads to the fact that the employee himself refuses to receive the document, so that he will then deliberately hold the company responsible for a fictitious violation. Since the specialist has evidence that the work book was not issued upon dismissal, he can complain to the labor inspectorate or even to the court.

Under such conditions, the employee shall be notified in writing of the termination of the employment contract. This notice includes information that he must come to the company to receive a receipt. Additionally, you can indicate that the book will be sent by mail.

If the employer is the culprit that the book was not issued to the owner, then this is a serious administrative offense.

Document Transfer Methods

Upon dismissal, the workbook is issued to the employee within a strictly defined time frame. Usually for this, the document is provided to the citizen personally in hand. But often there are difficulties with the implementation of this process.

The book can be handed over personally to the person, as well as sent by mail or it can be received by a representative of the employee.

Personally received employee

This method of obtaining a document is considered the most common. There are the following features:

• if the work book was not issued upon dismissal, the employee may send a complaint to the labor inspectorate or prosecutor's office;
• it is not allowed to mark the issue of the document; therefore, it is recommended to draw up a special receipt;
• the receipt shall indicate the full name the dismissed employee, his passport details and the list of documents issued to him by the employer;
• at the time of the transfer of the documentation, the necessary information about the dismissal of the employee is entered in the personal file, after which this entry is certified by the signature of the citizen;
• the last day of work on the basis of Art. 77 of the Labor Code, the day of dismissal from the company is presented, therefore, a book with other documents should be issued on this day, as well as final settlement with the employee;
• if a person goes on vacation, after which he immediately leaves, then the day of dismissal is the last day of rest.

The book is handed over personally to the employee with the preparation of the receipt. If the specialist does not agree to accept the document and put his signature, a special act is drawn up. In it, the employer indicates that the employee did not agree to take the document, and also gives reasons for this refusal. The act is signed by witnesses represented by team members. If the company has a trade union, then its representatives should be involved in the preparation of this act.

Issuance of a document by proxy

Sometimes situations arise when a citizen cannot personally come for a document, so he has to turn to his relatives or friends for help. In order for a representative of an employee to be able to get a work book for him, he needs to have a correctly drawn up power of attorney.

The power of attorney must be formed with the participation of a notary, otherwise it will not have any legal force. The following information is entered into it:

• the guarantor represented by the employee of the enterprise;
• about the authorized representative, to which his full name relates, information from the passport and the address of registration;
• The period during which a correctly drawn up document is valid is indicated;
• the subject of the power of attorney is presented, represented by the adoption of the document for the principal;
• at the end are the signatures of both participants.

If the employer did not issue a workbook to the authorized representative upon dismissal of the employee, then this is an offense. The power of attorney can be issued in the form of a notary public or in free form. If it is correctly certified, the employer cannot refuse to provide documentation.

Often, a trustee is involved after the death of a citizen, and a document is drawn up by the relatives of the deceased person. In other situations, the employer has to use mail to transfer the book.

Nuances of postage

If you issued a work book earlier than the day of dismissal, then this is not considered a violation if the employee agrees to pick up the documents in advance. For delay, the employer may be held liable, but often there is simply no way to transfer the document personally to the employee. Under such conditions, company management may decide to send the book by mail. To do this, the following actions are performed:

• previously, the specialist is notified of the need to come to the company to pick up the document;
• if a citizen cannot come to the organization, then he can give written consent to receive the document by mail;
• a letter with a document is sent to the registration address of the employee;
• the employee must notify the company management that he has received a work book, for which another letter is sent or the parties call up.

To send documentation you should use only registered letters with a description of the attachment.

Rules for issuing a document

If the dismissal was not issued upon dismissal, then this is the basis for applying to the state bodies with a complaint. Therefore, each person working officially in a company must understand the requirements of the Labor Code, which will allow him to assert his rights. The main such rules include:

• before issuing a document on the basis of Art. 84 of the Labor Code must be stamped with a reference to a specific legislative act;
• entry is made only on the last day of the specialist’s work in the organization;
• if the employee does not come to work on this day, an appropriate act is drawn up;
• after the book is issued, a note is put in the document movement journal, after which the employee signs it, which confirms that he received his documentation;
• the presence in the document of any errors or blots is not allowed;
• if a personnel officer makes mistakes, then all corrections are certified by the head of the enterprise.

If the employee was at work on the last day, but for various reasons he was not given a work book upon dismissal, this is a gross violation of the Labor Code by the employer.

What to do in the absence of a book?

If upon dismissal the employer refuses to issue a work book, the employee has the right to write a complaint to various authorities. These include:

• Labour Inspectorate. A complaint may be filed in person or mailed. It can be compiled electronically on the organization’s website.Based on such a statement, an audit of the company will be carried out, after which the applicant will receive a report on the work done within 30 days. If the complaint is satisfied, then the employer will have to pay a significant fine. After this, the book is necessarily issued to the former employee. If, according to the results of the inspection, no violations are revealed, then such a decision of the inspection can be appealed, for which an application is made to the senior inspector of the service.
• Prosecutor's office. If upon dismissal they did not give out a work book, then it is advisable to draw up an application to this organization. To obtain the form, it is recommended to contact the prosecutor. The statement may indicate not only violations on the part of the employer, but also state that the labor inspectorate failed to fulfill its functions.
• Court. With the help of the court, one can not only hold the employer accountable, but even recover compensation from him for moral damage. The lawsuits are considered for a long time.

If the employee could not pick up the document within the prescribed period, then he can write an application for documentation, after which the company management is given only 3 days to prepare the book.

Employer Responsibility

If managers did not issue a work book on the day of dismissal, then they can be held liable on the basis of a complaint made by a former employee. At the same time, it does not matter for what reason such a situation arose, therefore it is believed that the employer simply did not cope with its duties.

For such a violation, companies pay a fine of up to 50 thousand rubles. If the employer is an individual entrepreneur, then for him the sanction is reduced to 5 thousand rubles. These funds are directed to the budget. Additionally, if an employee goes to court, he can receive monetary compensation from the employer for violation of labor rights. The amount of this amount is indicated directly in the statement of claim. The court satisfies such requirements in whole or in part, which inevitably leads to additional expenses for the company.

Compensation is usually calculated depending on unearned earnings for the period when the citizen did not have a work book, so he did not have the opportunity to get another job. If the prosecutor's office reveals malicious evasion from issuing a book to many employees, then suspension of activity or forced removal from work of citizens from senior positions may be used as punishment.

Conclusion

Each employer must comply with the requirements of the Labor Code, otherwise he will be held accountable. This even applies to the procedure for dismissing an employee, since it is mandatory to issue a workbook to a former employee.

The delay in the provision of this document may be due to various reasons, but if the employer is the culprit, the citizen can file a complaint with different state authorities. In this case, the head of the company will have to pay a significant fine, and unscheduled inspections may also be conducted. If the employee himself refuses to receive the document, then the book can be sent to him by mail.