Issuing a work book upon dismissal is a mandatory process. The employer does not have any rights to keep the document so important for the subordinate. But not everyone knows this fact. Often, the boss threatens not to give the work book if the subordinate wants to quit on his own. Or the employee himself does not want to take this document from the employer. What features of the process of issuing "labor" should be taken into account?
Obligatory
The issuance of a work book after dismissal is quite common. It is obvious - the "labor" of the citizen should be one, it displays the entire labor guard. So, upon termination of the employment contract, the document is returned to the owner. Until this time, it must be kept by the employer.
In accordance with the Labor Code, the storage and issuance of a work book must be ensured by the boss until the termination of the employment relationship between him and his subordinate. This is a required item. Without it, the dismissal process can be called violated. The conditions for termination of employment are prescribed by the Labor Code, Art. 84.1.
Retention
It has already been said that some employers prefer to intimidate their subordinates by keeping their work book at home. This means that a citizen will actually lose confirmation of his own work experience. You should not be afraid of such threats. Indeed, the issuance of a work book upon dismissal is a mandatory item. If the employer refuses to return the document, you can complain about it.
In this case, it is advisable to record the fact of threats from the boss. Then either the employer will be brought to justice, or recognize the dismissal unlawful. And the employee will be reinstated as a frame that works in a particular company.
Orders
What is the procedure for issuing a work book upon dismissal? This process does not bring too many problems. Especially if you study all its features. There are not so many, but they are all obvious.
The thing is that before the employer terminates the relationship with the subordinate and gives him the work book, certain entries must be made to this document in advance. This is a required process. Just like that, without the appropriate entries, there is no sense either in keeping the work book or in observing the established procedures for breaking the employment relationship.
The employer is required to pre-register the period of the employee’s work in the corporation, as well as indicate the reason for suspension from the performance of official duties. This data is usually fixed by a seal. So, the following information is entered in the work book before its issuance:
- position held by the staff;
- name of employing company;
- reason for dismissal;
- date of employment;
- dismissal time.
Without these records, the issue of the work book upon dismissal cannot be carried out. Therefore, you should not take the document before the employer puts down all the relevant marks in it.
The timing
The employee decided to quit. He is awaiting the issuance of a work book. When dismissing, the timing of the implementation of this obligation into life is difficult to establish. But there are some generally accepted norms.
According to the Labor Code of the Russian Federation, the employee must notify his employer of the intentions to dismiss 14 days before the idea is implemented. He writes a statement. Next, you need to work out 2 weeks. And only then will the final termination of labor relations occur.
The issuance of a work book after dismissal at the same time causes enormous controversy among employees. Some claim that they must give the document immediately after the written statement. And someone says that “labor” is issued even when a citizen has worked 2 weeks prescribed by law. Who is right?
The second category of citizens is law. After all, the work book is usually given definitively only at the time of termination of the relationship between the employer and the subordinate. So, first the employee works out for 14 days, then he is executed as a dismissed person. And during this period, a labor book is issued.
On the day of dismissal
What does it mean? How fast is the issuance of the work book upon dismissal? The deadlines set in Russia, as already mentioned, are subject to change. It all depends on the situation. But most often, extradition takes place on the day the employment relationship is broken.
That is, a citizen receives a document when an employee is registered as a dismissed frame. Not earlier and not later. Such rules are currently established in Russia.
Issuing a work book on the day of dismissal is a process that must take place. After a person receives this document in his hands, he is additionally handed a settlement certificate. And with a similar list of securities, you need to go to the accounting department of the enterprise to get a calculation. Only after that it will be possible to consider the process of dismissal and extradition "labor" correctly implemented.
Put a signature
But this is not the end! What else needs to be done to complete the issuance of the work book upon dismissal? The Labor Code of the Russian Federation indicates that the employee is obliged, after receiving the calculation in the accounting department, to put his personal signature in a special document - the labor book register . So the frame will confirm the fact of receiving a "labor".
As soon as the corresponding signature is affixed, the whole process of dismissal and issuance of the document being studied can be considered completed. Between the employer and the employee all communication is terminated. Both are free.
Vacation and Dismissal
What if the employee has a vacation with subsequent dismissal? The issuance of a work book usually occurs immediately on the day the employee leaves legal rest.
For this reason, many cadres refuse to receive the document being studied at all. You can’t do that. If we are talking about dismissal after a vacation, the employer is obliged to issue a "labor" on the day the subordinate leaves after rest. It is forbidden to send a document by mail - only personal receipt is possible.
Often in this situation, employees find a different way. They write an application for a work book in advance. Upon dismissal in this case, the employee will have the document. But he still has to come to the employer to make all the necessary information about the period of work in the company. Occasionally, the boss may agree and make a concession - make all the information in advance and give out the “labor” upon application before the leave. But this is not entirely legal.
While holding
What if the boss does not want to give the document? The delay in issuing a work book upon dismissal is a process that is not so common. But it implies some features in the issuance. Which ones?
The point is that the Labor Code indicates that the employer must pay the delay in issuing the work book. How much to pay? As much as I received the frame from the dismissal until the actual issuance of the document. In other words, the longer the delay, the higher the payout. And the exact amount can only be called by the employer.
Opt-out
Issuing a work book upon dismissal is a mandatory process. But often employees, having learned about compensation for the “labor” delay, refuse to receive it. Or they simply quit quickly, with a scandal, and do not want to intersect with the employer again. This situation requires certain actions from the boss.
The thing is that the work book must be returned to the employee. If he refuses to receive it personally, he will need to be notified in writing of the need to pick up the document. This will help the employer to avoid any liability in litigation.
How to save yourself from the appearance of problems in this situation? The employer sends a registered letter with notification of receipt to the dismissed employee. And the refusal to receive the book is entered in a special act, which is then applied to the personal file.
By mail
The issuance of a work book upon dismissal, as already mentioned, is carried out with the personal presence of the employee. This document cannot be sent by mail. There are exceptions to the rules.
You can send "labor" mail at the place of residence of the employee if the subordinate independently writes an application in the name of the employer asking him to send the document by mail.
In this case, the delay will be the period from the day of dismissal to the date on which the "labor" was sent. To confirm receipt of the document, subordinates must send the parcel by registered mail with a notification.
But on their own initiative, employers do not have the right to send documents by mail. Then it is neither possible to confirm the fact of receiving a work book, nor to refute it. This will cause the employer a lot of problems in case of litigation.
Keep at home
What to do if the employee himself did not come for the work book even after sending the corresponding notice of the need to receive it? This document cannot be discarded. And without the permission of the dismissed employee, sending “labor” mail is also prohibited. It turns out that the employer has to do something with this paper. But what exactly?
The work book is placed in the personal file of the employee. And then it is sent to the archive. This fact is recorded by a special act. After you have to keep this document for a while. Personal files and work books of subordinates who refused to be taken must be kept in archives for 75 years. Only then can they be disposed of.
It turns out that the employer either saves the document on demand (which happens very rarely), or for 75 years the "labor" is stored in the company’s archive and then destroyed.
By "article" or not
All of the above rules apply to all employees. Regardless of the reason for dismissal, the employer without fail returns the work book to the subordinate on the day the order on the removal of the staff from the duties comes into force. In this case, it does not matter whether the employee himself quit, or the boss issued a compulsory order. The most important thing is that upon dismissal, the staff receive a “labor” in their hands and put the appropriate signature in the labor book register.
If we are talking about self-dismissal, the document should contain an entry: "Of one’s own will." When an employee is dismissed under an “article”, it will be necessary to register the corresponding violations with an indication of the law on which the employer relied when drawing up the dismissal order. There is nothing difficult about this.
Dismissal algorithm
So what is the correct way to ensure that the issuance of a work book upon dismissal is completed in full?
After all, the process of suspension from the performance of official duties can be described as follows:
- Writing by the employee a letter of resignation of his own free will. If the employer removes from work the article, then the boss draws up an act about it.
- Familiarization of the boss with the desire of the employee and approval.
- Workout in 2 weeks.
- Fixing by the employer of the working period in the “labor” period, indicating the reasons for suspension from the performance of official duties.
- Getting a work book and calculation in accounting.
- Signing on the issuance of the document being studied by the employer today in the "labor" register.
There is nothing difficult in adhering to this algorithm of actions. Therefore, issuing a work book upon dismissal usually does not cause any problems. A conscientious employer clearly knows how to act in a given situation. The main thing is that all employee refusals of receipt be documented. Only then can the dismissal be called correctly held. That's all. Issuing a work book to an employee upon dismissal is an important process, but rather simple.