Features of obtaining a work book upon dismissal by proxy

12.06.2019

369

7 min.

Characteristics from previous places of work, to which Russian entrepreneurs have long been accustomed due to Soviet orders and Western practice, although they are a good indicator of the qualities of a new employee, still do not provide an opportunity to see the full picture. Firstly, characteristics are often faked or begged from previous bosses in exchange for a conflict-free departure from work. Secondly, they are, as a rule, claimed only from the last place of employment.

In this case, a work book comes to the rescue. This document, in accordance with domestic legislation, is mandatory for all workers under the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). It includes a wide range of information that allows you to fully assess the abilities and experience of the new employee. Read about what this document is, what regulates its completion, and how it is issued after dismissal from the organization.

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.

What the law says

This issue is not directly regulated by current legislation. According to Art. 84.1 of the Labor Code of the Russian Federation, if it is impossible to issue a book to an employee on the day of dismissal 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 it or agree to send the form by mail. From this provision of the law, some lawyers conclude that the recipient of this document can only be the employee himself, and transferring it to another person is not allowed even if the former employee has given him the appropriate authority. However, not a single rule of law says that issuing a work book by proxy to another person is prohibited. According to Article 185 of the Civil Code of the Russian Federation, such written authority can be issued by a citizen to another person to represent his interests. And it would be strange to assume that a person can sell an apartment through a representative, but cannot receive a document from a former job. Therefore, most specialists give a positive answer to the question of whether it is possible to give a work book by proxy. But only on condition that the representative’s powers are properly formalized.

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.

Obtaining a work book by a representative

Russian regulatory acts regulating the procedure for maintaining, storing and issuing work books do not provide for the possibility or impossibility of their receipt by employee representatives. Moreover, the provisions of the Labor Code of the Russian Federation do not contain a ban on an employee issuing a power of attorney to represent his interests.

Based on the above, there are two possible options for issuing a work book to an employee:

personally in hands;
representative on the basis of a power of attorney.

The general rules for formalizing the powers of a trustee are contained in the Civil Code of Russia. According to Article 185 of the Civil Code of the Russian Federation, a power of attorney is a written document that is issued by an organization or a citizen to represent the interests of the relevant person. This form must have a date of issue and also provide a specific list of rights.

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.

Who can take the labor instead of the owner

Officially, civil law does not establish any restrictions on the issuance of a power of attorney. Absolutely any person, even a legal entity, is assumed to be the second party to the contract. Accordingly, the choice can be made on the following citizens:

close or distant relatives;
colleagues;
friends and acquaintances.

In addition, do not forget that certain categories of persons can act on behalf of others without obtaining a power of attorney. This applies to parents of young children and guardians of incapacitated people. If the latter are allowed to perform labor functions subject to a number of conditions (mainly ensuring the safety of themselves and those around them), then the official employment of minors is directly prohibited by the Labor Code of the Russian Federation (Article 63). The situation with the death of an employee of the organization is separately discussed. In this case, close relatives can receive a work book by confirming the corresponding connection with any document.

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

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?

Contents of the trust order

Since the essence of the document in question is the transfer of the right to one person to perform certain actions on behalf of another (in the case of a power of attorney to obtain a work book - its physical withdrawal from the employer), you should pay attention to the following provisions of the contract, describing them as clearly and concisely as possible, avoiding abstract formulations that can be ambiguous:

A clear description of what the representative can do on behalf of the represented person.
Duration of the power of attorney. In case it is not specified, the law sets its own - 1 year.
Inclusion of a sub-assignment clause, allowing or prohibiting the representative to transfer his powers further down the chain to other persons.

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.

Design rules

A properly executed document is already half the battle. According to the Civil Code of the Russian Federation, a power of attorney must comply with the following mandatory requirements:

Made in writing.
Contains an indication of the date of compilation.

Attention! Particular attention should be paid to such details as the date. The Civil Code of the Russian Federation provides that its absence makes the contract invalid. This is easily explained by the fact that neither the deadline established by the parties nor the statutory deadline can be counted in this case. Having completed the document correctly, you don’t have to worry about the success of the procedure for obtaining a work book.

In addition, you should never forget that both parties to the contract have signatures. A separate issue is the notarization of the document, which will be discussed later.

Receipt receipt

Both in the case of a personal visit by a former employee and when using a power of attorney to receive a work book, the employer is interested in legally recording the fact of the transfer. Thus, he relieves himself of responsibility for failure to fulfill the obligation provided for by the Labor Code of the Russian Federation. Despite the fact that the preparation of a receipt, and even more so its form, are not established by law, without it it is unlikely that anyone will dare to hand over the book.

Based on the purposes of compiling the document, conclusions can be drawn about its content. So, the receipt must indicate the following:

Information about the document being transferred (to whom it is issued).
Last name, first name and patronymic of the person who actually received the work book.
Details of an identification document (either the employee himself or the one who came with a power of attorney).
Basic information about the submitted power of attorney.
Date of transfer of the work book.

Having witnessed all this information and confirmed it with the signature of the person authorized to pick up the document, the organization can be calm.

How to correctly draw up a power of attorney to obtain a work record book

According to Article 4 of the Russian 185 Civil Code (clause 2), the power of attorney is certified by a notary or the personnel department of the organization where the principal works. The work book is issued by the personnel employee to the authorized citizen after providing a passport and the trust document itself.

Sample power of attorney for obtaining a work record book

Power of attorney to obtain a work record book

Ekaterinburg April thirteenth two thousand seventeen

The power of attorney was issued for a period of one month, from the sixteenth of April two thousand and seventeen to the sixteenth of May two thousand and seventeen. A power of attorney is issued without the right of substitution.

Signature of the authorized representative____________________

If you are a user of the Internet version of the GARANT system, you can open this document right now or request it via the Hotline in the system.

Is it possible to issue the work book of a resigning employee by proxy to another person? How should a power of attorney be certified? Notarized only?

We believe that the employer does not have sufficient grounds to refuse to issue a work book to a relative or other third party on the basis of a notarized power of attorney from the employee to receive a work book.

According to Art. 185 of the Civil Code of the Russian Federation, a power of attorney is recognized as a written authority issued by one person to another person or other persons for representation before third parties.

In accordance with Art. 185.1 of the Civil Code of the Russian Federation, a power of attorney to carry out transactions requiring a notarial form, to submit applications for state registration of rights or transactions, as well as to dispose of rights registered in state registers must be notarized, except for cases provided for by law.

2. The following are equivalent to notarized powers of attorney:

1) powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, which are certified by the head of such an institution, his deputy for medical affairs, and in their absence, the senior or duty doctor;

2) powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies performing notarial acts, also powers of attorney of employees, members of their families and family members of military personnel, which are certified by the commander (chief ) these units, formations, institutions or establishments;

Sample document

For those who are not ready to pay for the services of a lawyer in order to draw up a regular power of attorney, here is the most successful option that meets the basic requirements of the current legislation of the Russian Federation.

Cost of notary services

Article 185.1 speaks of a mandatory notarial form only in the case when the receipt of a work book is associated with the final settlement and payment of all amounts due to the employee (salary, unused vacation, bonuses, and so on). If you plan only to receive a labor document, then certification is not required by law. On the other hand, due to the widespread opinion about the mandatory notarization of a power of attorney, sometimes it makes sense to pay for the appropriate service and be calm about the outcome of the meeting.

As for the questions - how much do the services cost, what are the advantages of applying for a power of attorney to a specialist - two points should be noted. First, the price is not uniform and is set depending on the following circumstances:

For state notaries it will be 200 rubles in accordance with paragraph 1 of part 1 of Article 333.24 of the Tax Code (hereinafter referred to as the Tax Code of the Russian Federation).
For private ones, it may differ and is installed independently.

The second point is the quality of the document itself. Of course, a sample can always be found on the Internet (including in this article), but they are all unified, averaged, and a specialist will write a text suitable for a specific situation, taking into account all the existing features.

Sending a work book by mail

One way to obtain a work book is to send it by mail. However, sending such an important document is not so safe. It may be lost, which will entail a difficult recovery procedure.

In addition, employees of the personnel service (department) should always remember the legal rules:

Making a transfer in this way is possible only after obtaining the consent of the former employee in response to a notice sent to him.
The address must be specifically specified by the recipient. It is not allowed to use information that is available to management in advance.

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.