Is it possible not to receive a document after payment?
There is no exact answer to this question in the current legislation. However, as a general rule, the employer is obliged to hand over this document to the resigned employee on the day of his departure (Part 3, Section 35, Section IV, Resolution of the Government of the Russian Federation dated April 16, 2003 No. 225). Moreover, if this requirement is not met, the company management may be held liable.
Thus, it is understood that the employee must appear in a timely manner for his document. Moreover, this is in the interests of the quitting employee himself, since in the future he will need a work book when applying for another job.
It is worth noting that some employees deliberately do not come for this document in order to accuse the organization of violating the norms of the Labor Code of the Russian Federation in the future. If there is a delay in issuing a work record, the company will have to compensate for the earnings that the employee was unable to receive due to the lack of a work record.
To protect itself from such a situation, the employer should send the dismissed person a written notice containing the requirement that the former employee should come to the organization and pick up his documents.
Norms and features
In some conflict situations, an employee may not agree with the dismissal and considers it necessary to reinstate himself in the workplace, so he often does not pick up his documents, including his work book. This is fraught with financial costs and problems for the company.
The legislation of the Russian Federation approves a strict procedure for dismissing an employee and completing the relevant documentation. The need to hand over a work book at the time of dismissal is prescribed by Art. 84.1 (part 1) of the Labor Code of the Russian Federation.
A delay in the transfer of a work book means that the head of the enterprise is depriving the citizen of the right to work and the opportunity to earn money (Article 37 of the Constitution); without this document, a person cannot get a new job.
How to receive it when sent by mail?
In accordance with paragraph 36 of the above-mentioned Decree of the Government of the Russian Federation No. 225, if an employee does not show up for work on the day of dismissal, the work book can be sent to his address by mail.
The employer must remember that sending this document by mail is possible only with the written consent of its owner. Therefore, a corresponding notice should be sent to the dismissed person in advance.
At the same time, starting from the moment of sending such a notice, the employer is relieved of liability associated with the delay in issuing the work book.
If the employee does not mind sending him a work book by mail, then he must send written consent to the organization to use this method of delivering the document. After the employer receives official consent, he will send the work report by registered mail. The document can be picked up directly at the post office or ordered delivered to your home . You can agree with the employer about delivery by courier service.
What to do next?
If the case goes to court, if there is no evidence confirming the sending of the notice, the employer will have to act as a defendant. True, if the documents are kept incorrectly, it will be almost impossible to prove that you are right.
The result of an illiterate or irresponsible approach to resolving this issue may result in administrative liability in the form of a fine imposed on the employer . Therefore, personnel officers should be very careful and scrupulous in matters of paperwork in order to prevent troubles from arising.
Any instructions regarding the rules for conducting the employee dismissal process can be found on the Internet. Therefore, if you have any doubts about the rules of the procedure, before making a decision, it is better to consult with a specialist in this field or once again study the regulatory documents governing this process.
Dismissing an employee, just like hiring him, is a responsible event that should be carried out in accordance with the requirements of the law. Compliance with all standards guarantees the absence of problems with the law and additional financial costs.
High-quality handling of documents also has a beneficial effect on the reputation of the enterprise.
The employee resigned voluntarily with two weeks of work. On the day the statement was written, he left.
He doesn’t show up at his workplace, we called him, he replied that he wouldn’t come to the company again and he didn’t need a work permit (to complete the information: his dismissal was expected, complaints from management, in general they were dissatisfied with his work)
What to do next?
We are currently drawing up reports of his absence from work, but how long will it take? how to transfer the work in the end?
We were surprised by the question of Article 84.1 of the Labor Code of the Russian Federation, everything is well written there and do it urgently so as not to pay him later under Article 234 of the Labor Code of the Russian Federation
If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.
In accordance with Art. 80 of the Labor Code of the Russian Federation, on the last day of work, the employer is obliged to issue the employee a work book.
However, according to Art. 84.1 of the Labor Code of the Russian Federation, in the case when it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail.
From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.
Expert opinion
Semenov Alexander Vladimirovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
The procedure for storing work books not claimed by a former employee is determined by clause 43 of the Rules, according to which work books that employees did not receive upon dismissal must be kept by the employer until required.
The storage period for unclaimed documents is determined in the List of standard management documents generated in the activities of organizations, indicating storage periods, approved by the Federal Archive on October 6, 2000. According to this document, work books must be stored in the archives for at least 50 years.
Upon written request from 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 employee’s request
And because he disappeared and did not go to work during his detention, i.e. notifications under Article 80 of the Labor Code of the Russian Federation, of course, you can fire him for absenteeism, but think about whether it’s worth bothering with this, I have rarely seen cases where employers correctly filled out documents for dismissal for absenteeism.
I think you should send him a letter asking him to pick up his work book (just in case), and indicate in the letter that by writing a letter of resignation and indicating the date of dismissal such and such, he stopped going to work from such and such numbers, which means that you are also asking him to explain the reason for not going to work, are there any good reasons for this, and if not, then you will be forced to fire him for absenteeism and make an appropriate entry in the work book. And also, that you remind him that because...
you have not been fired here yet, then according to the Labor Code of the Russian Federation he can only work for another employer on a part-time basis, and if he works full time as at his main place of work, then this fact will be revealed and his new employer will be in tax trouble , because the employer overestimates the tax base for the salary, and this threatens the employer with fines.
In general, this letter is a kind of trap, it may or may not work, and you see, there is an emphasis on trouble for the new employer, although you understand that this is not entirely true, this is such an inaccuracy, because After all, he is not receiving a salary from you now, but at the same time this is correct, because...
If you work somewhere at your main place of work, then you can work part-time with another employer.
In general, send a registered letter with certified notification to all addresses and a list of attachments.
And also, the answer to your question, how long can he be such an employee who left and does not show up at the workplace, I call them dead souls. Because
I went to more than one seminar of GIT workers, and they answer this question, even for life, until he comes and writes an explanation why he does not go to the workplace. After all, there is a procedure for dismissal for negative reasons (for absenteeism).
And you won’t get any explanation from him. Then, he may come to you as a result, when all the deadlines for imposing a disciplinary penalty (and even in the form of dismissal) will simply go away and you will no longer be able to fire him for absenteeism, even according to the law of Article 193 of the Labor Code of the Russian Federation.
But, what can you do, it’s crazy to drag this dead soul around from year to year. We HR officers do one not entirely correct process.
We, to such an employee, as I indicated to you, send a registered letter to his address with acknowledgment of receipt and a list of attachments, then it is returned to the employer with a notification from the employee that he received this letter, according to Article 193 of the Labor Code of the Russian Federation, we give a period for so that the employee comes and writes an explanatory note, while we collect the entire package of documents stating that he does not go to work - reports, time sheets, reports from his immediate superior.
And what do we do next, when he still doesn’t show up and doesn’t write an explanatory note, we still fire him, and precisely for absenteeism. But, at the same time, in no case do we make an entry in the work book, but we send a letter to him about the fact that he was fired so that he takes away his work book, so as not to bear financial responsibility for it under Art. 234 Labor Code of the Russian Federation.
From time to time, such employees still appear, but I do not recommend dismissing him for absenteeism; nevertheless, I always recommend changing the documents to another article, for example, by agreement of the parties or, nevertheless, at his own request. Because I explained that dismissal for absenteeism using this method - a letter to the address is not correct.
The only thing is that in your case you still have a statement, and you can fire him on the date that he indicated in this statement, then when you fire him on this date, you will immediately send him a letter according to the work book under Art. 84.1 Labor Code of the Russian Federation.
Well, for the days that you entered NN (absenteeism for unknown reasons) on your time sheet, moreover, the law does not force the employer to change these NN for absenteeism or something else, especially since it is the employer’s right to fire an employee for negative reasons , not a duty.
In general, I think she gave you detailed instructions on what to do in your situation.
The employer must submit the documents on the day the employee is dismissed, that is, during the last working hours at work. It is not always possible to carry out such a procedure.
An employee may, for certain reasons, be absent from the workplace or avoid receiving a work book because he does not want to agree to the termination of the employment contract. There are several ways to solve the problem if an employee does not come to collect his work book on the day of dismissal.
- Methods for solving the problem
- Methods of dismissal
- Important nuances
When should the document be sent?
Labor legislation does not specify the exact time frame within which the employer is obliged to send the work book to the former employee. However, it is in the interests of the organization itself to do this as early as possible.
Thus, the document should be sent immediately after receiving written consent to this method of delivery. It is recommended to do this on the same day, since the organization may be held accountable for delaying the issuance of a work book.
The document should be sent by registered mail with return receipt requested. If possible, the labor book can be delivered personally to its owner through a courier.
Separately, it is worth emphasizing that if a former employee has died, then his document confirming the periods of employment must be issued or sent by mail to close relatives (clause 37 of section IV of the above-mentioned regulatory act).
How to formalize a refusal to pick up a work permit
Immediately after receiving a refusal, you must draw up a report about this. This document states that the citizen was invited to receive documents, but he refuses to do so. Other facts are given. This becomes the main confirmation that the employer’s actions are not to blame for the failure to issue the work permit.
The act is signed by the employees who are present during the preparation. It is advisable to obtain the signature of the person being dismissed. If he refuses, then a corresponding note is made about this in the text of the act. the act can be found here.
Act on refusal to pick up work book (sample)
What happens if you leave it at the post office?
Sometimes an employee who quit, for one reason or another, does not pick up his work book from the post office. This can happen for various reasons, for example:
- went to another city;
- died;
- is in hospital;
- found himself imprisoned, etc.
In any of these cases, after a certain period of time, the work book will be sent back to the sender. In such a development of events, the employer is obliged to accept the document back and keep it until required , that is, until the employee applies for this paper again. This condition is stated in clause 43 of section VI of the RF Government Resolution No. 225.
The storage of the work book must be subject to strict adherence to the norms and rules prescribed in the Law of the Russian Federation of October 22, 2004 No. 125-FZ on archival matters.
Is it possible to refuse the paper version and is it necessary to do so?
Currently, workers have the right to choose between an electronic and paper work book. There are some nuances here that should be taken into account.
It is possible to refuse a paper document after dismissal. However, this should be done taking into account the following rules:
- The refusal must be sent by the end of 2021.
- In any case, the paper document must be collected from the employer. The fact is that the electronic labor record will reflect information only starting from 2021. In this case, all information about past periods will be contained in the previously issued labor certificate. If, when assigning a pension or calculating work experience, you need to confirm some periods of work until 2021, a paper work record will come in handy.
Thus, you should not refuse your work book upon dismissal, citing the desire to take into account work information in electronic form in the future. The paper version may be needed in the future, so it should be saved.
In general, it can be noted that the current legislation does not specifically regulate the situation when an employee refuses to pick up his work book when leaving the organization. Employees should remember that this is an official document that may be needed when assigning a pension, so the employment document should be collected from the last employer as quickly as possible.
Methods for solving the problem
The company may put itself at risk if the dismissed employee does not pick up his work book after the order. In case of untimely issuance of the book, the boss is obliged to compensate the employee for the wages not received for the entire period of delay.
In addition, when going to court, an employee may ask for compensation for moral damage received.
When a labor dispute arises, the employer is forced to prove in court that he followed the correct procedure for issuing the document. To return a work book to a dismissed employee, you must:
- The organization must ensure that if a dispute arises in court or a worker abuses his rights, it has evidence that it has fulfilled all important requirements. If a worker who refuses to receive a document came to the workplace on the last day, you need to make a report and record in it the fact of refusal to receive a book. The act must be signed by at least three employees of the company.
- If the employee is not at work that day, you will have to send him a notification about the need to come to pick up the document. This is stated in Article 84.1 of the Labor Code of the Russian Federation. If the worker refuses to receive documents and does not return to work. In this situation, the company has the right to relieve itself of responsibility for the long issuance of the document only by fulfilling the requirements of this article. All documents are sent by registered mail with a description of the contents and information about delivery.
- In the inventory you need to write down the name of the document and its registration number. You also need to get a receipt from the postman, which confirms the date of dispatch.
- If the employee does not pick up the work book after dismissal, it is necessary to save information about delivery, because it confirms the fact that the former employee received the official letter. In case of a dispute in court, these documents will help prove to everyone the fact that a message was sent about the need to return for work or to give permission to return it by mail.
- If you are wondering about sending this book by mail, this can only be done with the permission of the worker at the address he has chosen (clause 36 of the Rules for maintaining and storing documents, creating forms and providing them to employers). The sending procedure is identical everywhere.
Expert opinion
Semenov Alexander Vladimirovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
