Power of attorney for another person to receive a work book. 2021 sample

It is not surprising that in all this haste, the employee receives a paycheck on the last day of his work activity and leaves his place of work, sometimes forgetting about the most important thing - the documents.

Often, employees themselves, without realizing it, forget a very important document in the organization’s HR department. By this document we mean the work book of a specific employee.

Unfortunately, some employees do not attach much importance to this form at first and only after they are denied a new job due to lack of employment documentation do they remember where they left their important document.

But it often happens that at this time employees are in another city or are physically unable to come to their old place of work. Many people despair, but in fact there is a way out. You just need to open the Labor Code and read its provisions.

Work book: document characteristics

Since the document is recognized as mandatory at the federal level, its form is unified. Article 66 of the Labor Code of the Russian Federation speaks about this, and the actual appearance, names of lines and columns inside and other substantive aspects are regulated by the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225. The main points of the work book are:

Last name, first name and patronymic of the employee.
His date and place of birth, education, acquired profession and specialty.
Sample of a person's signature.
Information about all official employment, indicating the dates and reasons for admission, transfers, dismissals, as well as relevant organizational documents of the companies.
Information about awards (or incentives) in accordance with the Labor Code of the Russian Federation, indicating dates. Penalties imposed on a specialist are not reflected in the document, except in cases where such is dismissal.

It is important to know! Production is also not spontaneous or handicraft: the Goznak association of enterprises is recognized as a kind of monopolist in this area, and detailed requirements for the production of the cover and insert form are set out in the order of the Ministry of Finance dated December 22, 2003 No. 117n.

The document in question is issued by the organization that hired the citizen for the first time in his life, within a week, but at the expense of the new employee. Next, the book is passed on to new bosses, collecting more and more information about its owner. In this case, any notes are made by representatives of the organization (as a rule, employees of the personnel service or department), and the specialist himself only familiarizes himself with them in the prescribed manner. Literally every entry is strictly regulated by the above-mentioned act of the Government of the Russian Federation, which makes it possible to maintain uniformity of completion throughout the country.

The document is intended to collect the most detailed information about a person’s labor achievements, experience and length of service. This, on the one hand, guarantees compliance with the rights of the employer, eliminating the possibility of deception regarding a new employee, and, on the other hand, provides the employee with the opportunity to officially confirm his words.

Obtaining a work permit by power of attorney upon dismissal of an employee

According to Article 80 of the Labor Code of the Russian Federation, on the last official day of work, management has the obligation to issue a work book to the resigned employee. It is also possible that, for objective reasons, it is not possible to hand over a document (the latter’s absence or refusal).

In this case, Article 84.1 of the Labor Code of the Russian Federation provides for sending a notice of mandatory attendance to receive all work-related documents or to give consent to send them by mail. In this case, the company’s obligation will be formally fulfilled, and it will no longer have to be responsible for the delay in issuance. Accordingly, the federal law and other legal acts of government bodies provide only two ways to return a work book:

In a personal meeting between a representative of the organization and a former employee.
By post.

At the same time, many people wonder: is it possible to issue a work book by proxy. Despite the provisions of the Labor Code of the Russian Federation, the norms of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) make it possible to get out of the situation in the specified way. After issuing such a document for a person who is ready to take the work book instead of its owner, the employer will have no choice but to give everything necessary to a third party.

Legal aspects

Since this situation is not described by specialized labor legislation, you should refer to the Civil Code of the Russian Federation. Thus, Article 185 establishes the basic rules for drawing up a power of attorney, which grants the right to one person to act in the interests and on behalf of another.

It is known that there is a special form of the document in question - notarial. According to Article 185.1 of the Civil Code of the Russian Federation, this type should be used only in transactions (concluding contracts, performing other civil acts), in accordance with the law, requiring a notarial form, state registration of any rights or disposal of such rights. Therefore, to obtain a work book, no special identification document is required.

Advice! When drawing up a power of attorney, you should carefully read Articles 186-189 of the Civil Code of the Russian Federation, which speak about the duration of the agreement, the so-called “sub-trust”, the grounds and consequences of termination.

Reasons for drawing up the document

Any life circumstances can become an obstacle to personally obtaining a work book upon dismissal:

disease;
death of loved ones;
birth of a child;
urgent move to a new place of residence;
simply being busy looking for a new job.

In any case, if there is a person ready to help and meet with the employer instead of the former employee, the law will not prevent this. Even a conflict that occurs during dismissal and a reluctance to see your superiors can prompt you to refuse to receive the document in person, and this, by and large, is everyone’s business.

What should I do?

A power of attorney as a legal document is provided for by civil law. But this does not mean that an employee cannot use this document in labor relations. As follows from paragraph 4 of Article 185 of the Civil Code, he can, for example, entrust another person, on the basis of a power of attorney, to receive wages. And the organization in which he works has the right to certify this document.

As for the work book, its issuance by proxy is indeed not provided for by either the Labor Code or the Rules. And this is no coincidence. Since during the period of work under the employment contract this document must be kept by the employer. According to the law (Article 841 of the Labor Code of the Russian Federation), a work book must be handed over to the employee only on the day of his dismissal. But if an employee quits and did not receive a work book on the last day of work, then from the next day the norms of civil law apply to his relationship with the employer. This means that, on the basis of Article 185 of the Civil Code, the employee has the right to entrust the receipt of this document to a relative or other person. And the employer will be obliged (on the basis of a duly executed power of attorney) to issue a work book. The validity period of the power of attorney cannot exceed three years. If the term is not specified in the power of attorney, it remains valid for a year from the date of its execution (Article 186 of the Civil Code of the Russian Federation).

Validity

The validity of any trust document is determined individually. This is usually decided by the principal himself. As a rule, a one-time power of attorney is used here, which is intended to carry out a one-time order. As you might guess, a special power of attorney, which is intended to perform monotonous actions on a regular basis, cannot be used here. After all, the representative only needs to pick up the work permit once. In this case, it is necessary to take into account weekends, holidays and non-working days of the organization. A power of attorney can be issued for one day, and the weekend is ahead. Naturally, from the beginning of the new week this trust document will no longer be valid.

The specific period is chosen solely by the principal. But there are situations when he forgets to put an expiration date. In this case, the validity period will be determined by law. It is equal to one year from the date of registration. Naturally, the date of preparation of the document is mandatory. Without it, the power of attorney is considered void.

If the validity period has not yet expired, and the services of a representative are no longer necessary, the principal has the right to terminate the document early. To do this, simply inform the representative of your decision. If the power of attorney was drawn up through a notary’s office, the notary must also be notified of the cancellation.

In addition, there are situations in which the trust document automatically loses its force. It makes no difference whether the specified validity period has expired or is still ongoing. Such situations include the disappearance of one of the parties. Moreover, a person must be officially recognized as missing. The same applies to situations where the principal or representative has lost legal capacity. As is known, according to the law, a trustee must be legally capable.

Requirements for a power of attorney

After reviewing the power of attorney presented by Maria, Anatoly said that it was impossible to issue a work book based on this document. And he explained why. The power of attorney must be notarized (Article 185 of the Civil Code of the Russian Federation). The branch management does not have the authority to certify these documents, especially since the principal is no longer an employee of the company.

In addition, a power of attorney to obtain a work book must contain not only information about the authorized person (indicating the full name, passport data, residence address and other information necessary to verify his identity), but full information about the citizen entrusting an authorized person to receive a work book for him.

When presenting a power of attorney, the lawyer explained, you should also pay attention to the date of its execution and expiration date. The fact is that a power of attorney that does not indicate the date of its execution, according to Article 186 of the Civil Code, is invalid. It is impossible to issue a work book based on such a document (even if it is notarized). You cannot issue a work book using a power of attorney that has expired.

The head of the HR department explained to Maria that the submitted power of attorney could not be accepted and advised her to tell the former employee to draw up a new document with a notary. Which Elena subsequently did, also appointing Maria as her confidant. As a result, the work book was issued to Maria under a notarized power of attorney. This is what the document looked like (see sample on page 95).

Thus, in order to issue the work book of a dismissed employee to another person, the power of attorney must be drawn up in such a way that the personnel officer has no doubt about the legal validity of this document.

Is it possible to issue (give away) a work book by proxy?

The legislator provides for the possibility of issuing a work book to other people, but with the condition that they prove that they belong to the dismissed employee. Relatives can receive a work book if they provide a document proving that these people are directly related.

But it often happens that relatives cannot help the employee. Then you have to ask people who are not relatives of the employee. This can be friends, buddies, acquaintances, co-workers . Can their employer give them such an important document that belongs to another person?

It turns out that it can . The legislator provides for this possibility in the Labor Code. True, in return, citizens representing the interests of the employee must provide an appropriate document that would confirm their authority. And this document is a power of attorney .

How to apply?

In addition to the fact that the power of attorney must actually be presented by the person representing the interests of the employee, it must also meet certain requirements . The most important of them is that the power of attorney must be drawn up only by a notary and certified by him .

Unfortunately, powers of attorney drawn up only personally by the employee are not the basis for issuing a work book to a stranger. Now, after you have familiarized yourself with the main requirements, let’s move on to considering issues about drawing up the text of the power of attorney itself.

Sample power of attorney for obtaining a work record book

What to pay attention to

An attorney in the organization's HR department must not only receive his principal's employment record, but also check the correctness of the entries in it, and also sign in the appropriate journal of forms - these powers must also be indicated in his power of attorney.

In the event of the death of an employee, the book, after making an appropriate entry about the termination of the contract, is handed over to one of his relatives against signature or sent by mail upon the written application of one of the relatives.

Work book forms currently cannot, as was the case several years ago, be purchased at any underground passage. They are strict reporting forms, are sold only to legal entities and are transferred under the act only to representatives who have the appropriate power of attorney issued by the head of the organization.

The procedure for issuing a power of attorney for issuing a work book

Proper execution of a power of attorney for the issuance of a work book assumes that it is notarized. In this case, you will need to pay for notary services. As a rule, certification of a power of attorney costs a person no more than 1,000 rubles.

The power of attorney for obtaining employment must contain the following information:

information about the authorized person (full name, passport details, residence address, as well as other information identifying the authorized person);
information about the person instructing the trusted citizen to obtain a work book;
date and validity period of the power of attorney (if the power of attorney does not indicate the date of execution, then it is invalid).

Important! It is impossible to issue a work book by power of attorney that does not contain the date of completion or has expired. Such a power of attorney is invalid.

Issuance of a work book in the event of the death of an employee

Important! The issuance of a work book to a relative of a dismissed employee is provided for by current legislation only in one case - if the employee has died (clause 43 of the Rules for maintaining and storing labor records). In other cases, the issuance of a work book to other persons, including relatives of the employee, is not permitted.

If an employee dies, a corresponding entry is made in the work book. After this, the document is issued to one of the relatives of the deceased against receipt. Also, the book can be sent to relatives by mail in accordance with the request of one of them in writing.

When must it be issued upon dismissal?

The manager or personnel officer is required to hand over the employment record on the day the relationship is terminated (clause 36 of the Rules for maintaining and storing employment records).

IV. Issuance of a work book upon dismissal (termination of an employment contract)

36. If on the day of dismissal of an employee (termination of an employment contract) it is impossible to issue a work book due to the employee’s absence or his refusal to receive the work book in hand, the employer sends the employee a notice of the need to appear for the work book or agree to send it by mail. Sending a work book by mail to the address specified by the employee is permitted only with his consent. From the date of sending this notification, the employer is released from liability for the delay in issuing a work book to the employee.

If it is impossible to perform these actions for the reasons described above, the employer independently notifies the dismissed person in writing that he must independently come for the work permit or give written permission to send the document by mail.

The employer may be guided by the transferred power of attorney.

For example, employee Silaev A.E. worked at Veter LLC as a system administrator. Having resigned by agreement of the parties, he immediately left for permanent residence in another country. The move was hasty, and therefore he did not have time to pick up his documents in a timely manner. A trusted person can do this for him.

After the termination of the relationship between the employer and the dismissed person, civil law rules apply.

Answers to common questions

Question: What to do if an employee refuses to receive a work book upon dismissal and does not come to get it himself, but sends only his representative with a simple power of attorney, and refuses to issue a notarized power of attorney? How long should the employer keep this book?

Answer: In this situation, it is impossible to issue a work permit to the representative. The only way out in this situation is to send the work report by mail. But this cannot be done without the prior consent of the employee. Only after the employee agrees in writing to have the work report sent to him by mail, can it be sent. Otherwise, the book must be kept by the employer “on demand.” A work book unclaimed by a dismissed employee must be kept by the organization for 75 years.

Question: For how long is a power of attorney issued to obtain a work book?

Answer: The term of such a power of attorney should not exceed three years. But if the document does not indicate a specific validity period, then it is considered to be valid for one year.

Who has the right to collect the document for the employee?

In addition to the employee himself, according to the norms of civil law, the work book can be taken by another person - relatives, friends, acquaintances, neighbors, co-workers, etc. It is necessary to draw up a legal document giving the right to such a person to carry out these actions - a power of attorney (what type of document is a power of attorney?)

For example, our system administrator A.E. Silaev asked to pick up his work record book for his brother E.E. Silaev. These are completely legal actions.

Who makes the power of attorney:

at IP;
in LLC.

Drawing up a power of attorney in the employer's organization, be it an individual entrepreneur or a limited liability company, is not regulated. The power of attorney is drawn up and notarized.

IMPORTANT! Correctly state the contents of the power of attorney, prove that this work document belongs to this particular person, confirm the existence of at least family or other relationships between the owner of the book and its recipient.

Law enforcement practice allows for the drawing up of a document for the return of the work book by other persons - both an authorized person and an employee of an individual entrepreneur or LLC authorized by the order (HR officer, administrative staff, accountant, secretary). Here the responsibility lies equally on the person who received it and on the one who issued it, but this is a risk for the fired person.

The employer insures himself by simultaneously drawing up a receipt for the transfer of labor, setting out the contents in an arbitrary manner. This procedure is sometimes considered unnecessary - upon receipt of the book, the dismissed person or the person receiving it is recorded in the existing labor record book.

Sample receipt for transfer of work book:

Sample

March thirteenth two thousand nineteen

I, Leontyeva Varvara Ivanovna, born February 17, 1978, passport: series 9400 No. 123456, issued on May 12, 2005 by the Pervomaisky District Department of Internal Affairs of Izhevsk, subdivision code 111-222, registered at the address: Izhevsk, st. Partizanskaya 200, apt. 200, with this power of attorney I transfer powers to Mikhail Tarasovich Gorbunov, born on May 23, 1980, passport: series 9000 No. 112233, issued on September 10, 2000 by the Ustinovsky District Department of Internal Affairs of Izhevsk, subdivision code 222-333, registered at the address: Sarapul, st. . Griboyedova 300, apt. 300, get my work book from the Limited Liability Company "Mercury" (LLC "Mercury") to transfer it to me.

In addition, M.T. Gorbunov, within the framework of this power of attorney, has the right to carry out all actions regarding obtaining my work book:

obtain the work book of Leontyeva V.I. at Mercury LLC;
sign upon receipt;
check the information entered into the document of Mercury LLC;
carry out all other required actions related to this assignment.

The document was issued for one month, without the right of subrogation.

Confidant: Gorbunov / Mikhail Tarasovich Gorbunov

Principal: Leontyeva / Varvara Ivanovna Leontyeva

How to issue a work permit to a third party

The work certificate is transferred to the employee on the last day of work:

personally in hands;
through a representative by proxy;
sent by mail to the owner (with his consent).

The legislation does not directly indicate whether a work book can be issued by proxy. The Labor Code of the Russian Federation does not prohibit transferring it through a representative. The order is drawn up and issued to a third party (Article 185 of the Civil Code). Requirements for it:

has a written form;
issued by a citizen or organization.

Basic details:

date and place of registration;
FULL NAME. principal, information about passport and registration;
the same information about the authorized person;
signature of the principal.
list of delegated powers.

To transfer through a third party, the order must be certified by a notary (Article 185 of the Civil Code). The powers of the representative, which should be indicated in the text:

get;
check the entry in the document upon dismissal;
sign in the register of receipt forms.

IMPORTANT!

When handing over the form to an attorney, the employer should keep a certified copy. This will help in resolving conflicts and claims.

Legal provisions

The work permit must be issued to the employee by the former employer. This is stated in Art. 84.1 Labor Code of the Russian Federation. The rules for maintaining and storing work books - all employers are guided by them - were introduced into the work of the Post. Government No. 225 of April 16, 2003. Clause 10 of these Rules states that on the day of termination of the contract, all necessary information must be entered into the document.

Clause 12 states that the dismissed person must certify all entries in the book by signing the personal card. In addition, Clause 41 of the Rules states that it is mandatory to affix the signature of the dismissed citizen in the work record book.

Thus, it is believed that the ex-employee must personally come for his work book. In addition, there is no direct indication that it is possible to return a work book by proxy. As well as the fact that it cannot be obtained this way.

The rules for drawing up a power of attorney are set out in Art. 185-189 Civil Code of the Russian Federation. In accordance with Art. 185.1. Under the Civil Code of the Russian Federation, a dismissed person can have the document certified by a notary or employer (if he is a legal entity).

Can someone else get it?

Of course, a work book is an important document for which a company employee is appointed as the responsible person. Every employer is required to adhere to the rules for maintaining and storing such books. Upon dismissal, the employee must ensure that all necessary entries are made here. To confirm this, he signs an autograph in a special magazine.

It is understood that the dismissed employee himself comes to the accounting department to obtain a work book. The question of whether a trusted person can receive this document arises for many people. It must be said that the legislation does not clearly indicate that an employee can appoint a representative to receive it. But at the same time, it is not stated anywhere that it is prohibited to assign these responsibilities to anyone. In other words, we can say that if it is not prohibited, then it is permitted. Thus, a dismissed employee can entrust receiving the book to someone else. To do this, it is enough to draw up a trust document, adhering to the standard requirements.

Practice shows that some employers are not ready to give the work book to a third party by proxy. They explain this by the fact that the legislation does not clearly describe this procedure. In this case, the dismissed employee can request that the work report be sent by postal order.

( Video : “Everything about drawing up a power of attorney”)

Rules for issuing a work book

In accordance with Art. 84.1 of the Labor Code of the Russian Federation “General procedure for formalizing the termination of an employment contract” and clause 36 of the “Rules for maintaining and storing work books, producing work record forms and providing them to employers”, the manager is obliged to return the documents to the employee upon dismissal on the last day of his work. But there are often situations when an employee cannot be present at the workplace on that day.

In this case, the manager is obliged to notify the employee using a registered letter of the need to appear for the document or agree to send it by mail. These actions will help the employer avoid punishment for delay in issuance.

Circumstances in life may be different. An employee may not be able to report to the HR department due to health problems or due to leaving for another city.

The Labor Code of the Russian Federation provides for the possibility of issuing it to other people, but with the condition that they prove the existence of family ties with the dismissed employee. This can be done using a passport and documents issued by the registry office (for example, a marriage certificate).

There may be cases when relatives cannot help a citizen, and he has to turn to friends or colleagues to receive it. Can they get another person's form from their employer? Yes it is possible.

In all these cases, a power of attorney will be required to obtain a work book.

We are writing a power of attorney

It is not prohibited to draw up a power of attorney by hand. But, as a rule, the notary already has ready-made forms. The document has a standard structure:

name of the paper;
place of creation;
date of creation (must be indicated in words);
passport details, date of birth and place of registration of the principal and authorized representative;
the essence of the action to which authority is transferred;
additional actions that a citizen can carry out by proxy;
validity period of the paper (if one is not indicated, then the document is valid for a year from the date of certification (Article 186 of the Civil Code of the Russian Federation));
signatures of both persons.

After the power of attorney is formed and all signatures are placed, it is certified by the notary with his signature and seal. Next, he enters the document number into a special register. From this time the power of attorney begins to “work”.

This completes the filling out procedure, and the final touch is the initials and signature of the manager, as well as the seal. (form) power of attorney for the purchase of a work book. Common mistakes Powers of attorney drawn up by government orders are often sent for revision or not accepted at all.