It is the employer's responsibility to correctly fill out work books and store them. Therefore, it is necessary to carry out checks from time to time to ensure that all conditions are properly met. It is also recommended to do this when changing the official whose responsibility includes working with these documents. If this happens, then an act of transfer of work records is drawn up. The sample that you will find at the link at the end of this article will help you prepare it correctly. In addition, this act may be needed in some other situations, so it is worth understanding all the intricacies of its execution.
The process of transferring work books
You can’t just take and hand over work books.
- First, it is necessary to issue an order on behalf of the head of the company, which will indicate the need to transfer documents and appoint a new responsible person.
- Then, on the basis of this order, the direct transfer of work books, their inserts and blank forms is carried out, which must be accompanied by their revision, i.e.
inspection, verification, and counting. Information about the transfer is documented in a special act; in addition, this action must be recorded in the journal for recording the movement of work books.
If you follow the entire procedure “from A to Z,” then the risk of encountering the loss of documents, the emergence of disagreements and disputes regarding them will be reduced to a minimum. A competently carried out process also allows the new employee to be relieved of administrative responsibility for the absence of certain work books or inserts.
The procedure for issuing a work book upon dismissal
The step-by-step procedure looks like this:
- The employee submits a letter of resignation of his own free will, and the employer signs it.
- A dismissal order is issued and signed by both parties.
- On the last day of work, a technical certificate is issued. and other documents, fill out a personal card. The final payment is also transferred at the same time.
Depending on the basis for dismissal, the algorithm may look different. But the rules and deadlines are the same everywhere: an order is issued, a tr.kn. is issued. and final payment.
Contents and sample notice
A notification is sent by the employer if the employee is not at the organization on the last day of work or refuses to pick up the work book.
What it says:
- name, address of the enterprise;
- Full name, position, address of the person leaving;
- date of the notification;
- the wording “(name of organization) notifies you of the need to appear for a work book or agree to have it sent by mail)”;
- the reason why the document was not issued on the last day of work;
- manager's position, signature.
Sample notification
Consultation on document preparation
Creation of a commission
If the enterprise is large and there are a lot of documents to be transferred, then to carry out and formalize this procedure it is necessary to create a special commission. It can include employees from different departments of the company, consisting of at least two people. The commission is also appointed by issuing a separate order from the head of the company.
The commission’s task is to check whether all work books are in place, make sure that all the necessary records are present and correspond to reality, and also certify the fact of transfer from one person to another.
How to compose a document
There is no single, mandatory, unified sample of the act of acceptance and transfer of work books. Companies can choose one of the following methods:
- or write the act in any form each time (which is not very convenient),
- or develop a document template based on your vision and needs, but in this case it must be approved in the accounting policy of the organization.
Regardless of which option the enterprise chooses, the act must include the following data:
- information about the company,
- composition of the commission involved in the transfer of documents,
- information about the work books themselves, inserts in them and new forms - this is best presented in the form of a table.
The form of the acceptance and transfer act may include one sheet or several - if there is a large number of documents. All sheets should be fastened with a strong thread, then on the last outer page next to the fasteners, put a stamp and write the number of sheets, the date of execution of the act and certify this information with the necessary signatures.
When filling out the act of acceptance and transfer of work books, it is important to strive to avoid mistakes and omissions, since entering inaccurate or even false information into it can result in unpleasant consequences for responsible employees. If errors could not be avoided, they should be carefully corrected and certified with the inscription “believe the corrected.” We must not forget that, if necessary, the document can serve as evidence when resolving disagreements through the courts.
When do they keep a book of movement of labor books?
In order to record work books, as well as work book forms and inserts in it, employers maintain:
- receipt and expenditure book for accounting of work book forms and inserts in it;
- a book for recording the movement of work books and inserts in them.
The book for recording the movement of work books and inserts in them is intended for registration of:
- work records that the employer received from the employee upon hiring;
- work books and inserts in them, which the company itself issued to the employee.
The employee who has chosen the ETC receives his paper work record book in his hands. At the same time, the company is released from responsibility for its maintenance and storage.
If all the employees of the organization have switched to the ETC, and the employer has given them paper work books, then entries in the work book movement book should be stopped for lack of them.
The book itself that records the movement of labor records must be transferred to archival storage.
The shelf life of the accounting book and inserts in them is 50/75 years (clause 463 of the List of standard management archival documents approved by Order of the Federal Archive of December 20, 2019 No. 236).
Previously on the topic:
“New hires” hired in 2021 are not notified of the right to choose electronic labor
What are the advantages of an electronic work book?
How to draw up an act of acceptance and transfer of work books
The act of acceptance and transfer of work books can be written either on a simple A4 sheet or on the organization’s letterhead (the most acceptable option, since in this case the details of the enterprise are immediately entered into it). You can draw up a document either in handwritten form or in printed form - there is no difference here.
It is important to comply with one immutable condition: the act must contain “live” autographs of all members of the commission or persons participating in the transfer and acceptance of work books, as well as the approving signature of the director.
It is not necessary to put a stamp on it, since starting from 2016, legal entities are exempt from the need to endorse their papers with seals and stamps.
An act is drawn up in a single copy , which, after proper execution and final completion of the acceptance and transfer of documents, is transferred for storage to the company’s archive, where it must be kept for the period established by law.
Sample of drawing up an act of acceptance and transfer of work books
Filling out the information header of the document
- First, in the middle of the line, write the full name of the company and the title of the document.
- Then the date of drawing up the act and the locality in which the organization is registered are indicated.
- After this, on the right (or on the left - it does not matter) several lines are allocated for approval by the head of the company: here you need to enter his position, last name, first name and patronymic, and also put the date of approval.
- Next, the employee who transmits the work books and the employee who receives them are entered: their positions and personal data are also indicated here.
Filling out the list of work books and inserts
A table that contains all the most basic information about work books:
- last names, first names and patronymics of the owners,
- series and numbers of documents,
- presence of inserts,
- and the necessary notes are also written separately: condition, information about records, demand or lack of demand, etc.
Below the table the total number of documents included in the act is indicated.
The second table reflects information about inserts and blank forms of work books stored at the enterprise. Their series and numbers are also recorded here, but no additional data can be specified.
Finally, the act must be certified by the signatures of the transferring and receiving employee, as well as members of the commission who took part in the procedure for transferring work books. All of them must have their positions indicated, and their signatures must include transcripts.
Issuance of a work book: features
Article 84.1 of the Labor Code clearly states that the work book (hereinafter - labor book) and other documents related to work are issued on the last working day - the date of dismissal. In this case, you need to focus on the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books,” which says the following:
- All entries made in the document are certified by the signature of the employer or personnel officer.
- On the last day of work tr.kn. issued with entries already made.
- If the employee cannot come for the book or refuses to pick it up, the employer is obliged to send a notice of the need to come for it or give written consent to send it by Russian Post. From this moment on, he is released from liability for violating the deadline for issuing the document.
- If the employee died, tr.kn. issued upon the written application of his close relative. You can also send it by Russian Post, but also upon written request.
Note! The established rules apply to all cases of dismissal. For example, if the general director or an ordinary employee quit, tr.kn. issued on the last day of work. The same applies to termination of a contract for absenteeism or on the initiative of an employee - there is no difference, the rules are the same everywhere.
If dismissal occurs on a weekend
Even if the date of termination of the contract falls on a weekend or holiday, the employer is obliged to issue a tr.kn. The personnel officer will have to go to work, but this will also be paid in accordance with Art. 153 of the Labor Code of the Russian Federation no less than double the amount.
On vacation followed by dismissal
According to Art. 127 of the Labor Code of the Russian Federation, the date of termination of the contract in this case is considered the last day of vacation. At the same time, a tr.kn. is issued. and other documents. If the resignation is submitted while on vacation, the contract is terminated on the last day of work.
If the employee is on sick leave
An employee on sick leave can only be fired at his own request. Termination of a contract at the initiative of the employer is prohibited by Art. 81 Labor Code of the Russian Federation. Documents are issued on the last working day specified in the application.
If the HR department is in another city
There are two options here:
- The employee himself travels to another city to obtain documents.
- The employee gives written consent to forwarding by mail.
Judicial practice in such cases is ambiguous. In fact, the employee is at the workplace on the day of dismissal, which means he should be given a tr.kn. It is better to send a personnel officer to the address of the person leaving in advance, so that there are no problems later.
Elena Plokhuta
Lawyer, website author (Civil law, 7 years of experience)
Dismissal during quarantine
If an enterprise is in quarantine, this does not limit the employee’s right to dismissal. The contract is terminated on the last working day, and documents are issued at the same time.
Note: in order not to visit the employing organization, you can immediately give written consent to sending by mail.
Dismissal of a remote employee
If a remote worker quits, the period for issuing the book does not change. He can pick it up from the manager himself, or agree to delivery by mail.
