Keeping a log of notifications to employees sample

According to the requirements of paragraph 4 of Article 84.1 of the Labor Code of the Russian Federation, the work book must be handed over personally to the employee on the day of his dismissal. At the same time, contrary to established everyday opinion, it does not matter whether he paid off the accounts and Fr.

However, there are situations when the employer, through no fault of his own, fails to transfer the document. This happens, for example, when the resigning person is not at work on the last day, or if for some reason he refuses to pick it up. Then the rules of paragraph 6 of Article 84.1 come to the aid of the manager and personnel officer. TK. According to this rule, if it is impossible to issue a work book to an employee on the day of termination of the work contract, the employer is obliged to initiate the procedure for sending the document by mail.

Despite the fact that the basic algorithm of actions when sending the above document is established by law, in practice such a procedure still raises a lot of questions. Therefore, in this article I will try to point out some of the “pitfalls” that may be encountered on the “path” of the employer when “absentee” transfer of the work record book.

Basic Concepts

Every employed citizen of the Russian Federation has the right to quit and change jobs. The procedure for processing and returning documents is regulated by Resolution No. 225 of April 16, 2003 and No. 69 of October 10, 2003. The legal procedure requires compliance with the procedure for terminating an employment contract. Therefore, the grounds for terminating legal relations between an employer and a subordinate are set out in Chapter 13 of the Labor Code of the Russian Federation. These include:

• agreement of the parties and circumstances beyond their control;
• expiration of the work contract;
• employee leaving on his own initiative;
• refusal to work due to a change in job functions or for health reasons;
• violation of clauses of the employment agreement.

According to paragraph 1 of Article 84, which regulates the general procedure for terminating an employment contract, dismissal is formalized by order of the manager. At the request of a subordinate, he is obliged to issue all necessary settlement papers, as well as pay due monetary compensation. The same article allows for the sending of a document on work experience by mail, but only if its owner provides written consent.

Many unscrupulous citizens deliberately do not come for payment on the last day of work, hoping in this way to receive additional monetary compensation from the organization for the delay in documents. This is described in paragraph 4 of the Government Decree “On Work Books”. However, if the director correctly carries out the dismissal procedure, he can save the company from unnecessary expenses and avoid administrative punishment.

Why do you need a magazine and what does it look like?

To record and control notifications, the enterprise opens a special registration journal. In addition to the fact that it reflects and groups information about all notifications, maintaining a log of issued notifications eliminates the possibility of data falsification by registering notifications retroactively .

There is no unified form or requirements for the appearance of the magazine established by law. It is not forbidden to use a regular notebook. But for its safety and proof of the reliability of the specified data, it is better to use paper media with a hard cover and stitched numbered pages.

You can download a free notice log form here.

The content of the document includes two sections:

1. Heading . The name of the journal, the name of the company, the number of pages, the start and end date of maintenance are indicated.
2. Table . Consists of the following columns:

• serial number;
• notification creation date;
• registration number;
• FULL NAME. the specialist who sent the notification and his position;
• information about the employee to whom it is sent;
• date of delivery;
• acquaintance mark.

This is what the logbook might look like:

Each organization creates the journal at its own discretion , adding, removing or merging columns. Ready-made magazines are also available for sale in a convenient book format with a pre-printed base.

The safety journal is also maintained in the same way. Read more about this here.

Basic procedure for dismissing an employee

The procedure for terminating an employment contract consists of several stages, each of which is documented.

1. An order of dismissal is issued, which indicates the basis for such an action (article of the Labor Code of the Russian Federation).
2. The document is sent to the subordinate for review in writing against signature (the date is also indicated), and then to the personnel service for its registration in a special accounting journal.
3. An act is drawn up if the employee refused to recognize the order as valid.
4. Recalculation of earnings, compensation payments for vacation, bulletin, and severance pay is carried out.

Attention! On the last day of work, the following are issued: a work book, copies of certificates and other documents necessary for employment in a new place, accrued funds.

What to tell employees

In our opinion, it is worth telling employees about several, in our opinion, important points of the transition to electronic labor:

After selecting an electronic work record, all data on the employee’s work activity will be stored on the information resources (website) of the Pension Fund of Russia.

Even if an employee now chooses a paper work book, data on his work activity is still transferred to the Pension Fund of the Russian Federation and is available on the fund’s resources.

If an employee now chooses an electronic work record, he will receive a paper work book in his hands. It is impossible to switch back from electronic labor to paper.

If an employee leaves a paper work book now, he can switch to an electronic work book later, at any time.

If an employee chooses an electronic work record, if necessary, obtain information about his work activity (extract from the work record), he will need to contact the Pension Fund. This can be done, among other things, through the State Services website.

Sending a work book by mail

The legislator allows for the possibility that the person resigning may refuse to receive payment due to various circumstances, and clearly explains the actions of the company’s management. For failure to comply with the prescribed requirements, he may be subject to administrative liability. The punishment is determined on the basis of the Code of Administrative Offences, Part 1 of Art. 5.27:

• according to Art. 234 of the Labor Code of the Russian Federation - for failure to comply with the deadlines for issuing a work book;
• according to Art. 84.1 Labor Code of the Russian Federation - for sending a document defining length of service in the absence of the consent of its owner.

To confirm management’s intentions regarding the expulsion of the TC, the former employee must give his consent in writing.

Reasons for shipment

To figure out how to send a work book by mail, it is advisable to consider the factors influencing the occurrence of such situations.

1. An employee works in one of the company's branches, which is located in another city, while the administration and management are located in the head office.
2. The specialist was sent on a business trip, to an internship or internship, where he decided to resign. In this regard, he drew up and sent an application with a request to send his payment documents by mail.
3. The employee planned to leave work immediately after the end of his vacation, and the petition contained a request to consider the last day of vacation as the date of dismissal.
4. The severance of industrial relations is caused by a court verdict or the initiative of the administration due to a violation of the rules of the employment contract by a subordinate.
5. Dismissal of an employee on maternity leave based on her own application.

It is allowed to send a work book to a resigning citizen if he himself requests it. It should be borne in mind that the basis for such an action must be compelling, otherwise it is regarded as a way to hide the delay in issuing documents due to one’s own negligence with all the ensuing consequences.

Prerequisites

If an employee, after dismissal, has not collected his work book from the HR department, the employer is obliged to act in accordance with the standards of the Labor Code of the Russian Federation and the rules for maintaining and storing forms. There is no need to run to the nearest post office and send it urgently. It is advisable to act consistently.

1. Make sure that the form belongs to the resigned subordinate.
2. Find out whether he is in the city, and whether he has time to pick up the work book with his own hand.
3. If it is not possible to find a former employee, you can contact his relatives.

It is important to know! And only if, after fulfilling all the conditions, it was not possible to get into contact with the retired citizen, you should send the document on the length of service and other payment papers through the Russian postal service. This must be done within a few days, as he may sue, and the employer will have to pay a fine and moral damages.

In what case can you not send

The legislation provides for a number of rules that management must comply with when intending to send a work book via postal service. At the same time, he must take into account the fact that sending the form without the written consent of the resigned employee is categorically unacceptable. You cannot send a document on length of service even in the event of the death of an employee. If such situations arise, the labor record is transferred to the personnel service for storage, where it remains for two years. Then it is moved to the archive, where the shelf life of the forms is 75 years.

Storage

Work books are kept by the employer in the following cases:

1. If the former employee completely ignores the demands to pick up the document, there is no response to the notification and the employee is absent from the workplace on the last working day.
2. If a registered letter with an enclosed document was not received, but was returned to the addressee.
3. After drawing up an act of refusal to pick up the TC, reading it or reading the text out loud, in the presence of witnesses.

After proper actions have been taken by the person authorized to store and issue books, they must be reserved.

The HR specialist or entrepreneur must withstand a period of 3 months. If during this period of time the owner of the TC does not show up, the document must be issued. It goes like this.

In the journal for registering the issuance of the Labor Code, as well as in the personal card, where the employee must sign for the issuance , you must make an entry stating that the person (indicating the surname and initials) did not appear to receive it.

It must continue to be stored in a safe along with other books, but in a separate box for 2 years. After this, it is handed over to the organization’s archives, where it is stored according to established rules.

Procedure for sending TC by mail

The main stages of the dismissal procedure are carried out by the personnel department. Its representatives are responsible for the timely issuance of documents on work experience, copies of certificates and other forms. If the employee did not receive the full payment on the day of leaving the company, or did not want to pick up the form, it becomes necessary to send it by mail. The legislation provides for the procedure for performing this procedure.

Notification

In order to use postal services and deliver the work book to its owner, the employer is obliged to send him a written notice with a recommendation to appear for documents on time. The text of the letter is compiled arbitrarily, however, in Art. 84.1 of the Labor Code of the Russian Federation imposes certain requirements for its registration. The document must contain the following information.

1. Full name of the employee as indicated in the employment contract and other forms.
2. Address of residence or registration.
3. Details of the organization or individual entrepreneur that sends the notification.
4. Registration number (outgoing) and date of compilation.

It should also contain information that the document was not previously received by any of the available methods, as well as the need to:

• personally appear at the personnel service for labor;
• give consent for forwarding if it is not possible to come.

The head of the organization must put his signature, date and seal. Next, in the presence of three persons, draw up a statement that the employee refused to pick up the form and did not provide written consent to send it in another way.

Statement and consent of the employee

The employee, in turn, should also be interested in receiving the document, because it reflects his work experience, which allows him to obtain a decent old-age pension. So he has two options:

• pick up the form yourself by going to the company’s HR department;
• give written consent to send the work book by mail.

If the second paragraph is used, the document must reflect the following points.

1. Full name of the employee as they appear in official documentation.
2. Address of place of residence or registration.
3. Number and date of drawing up, and later termination of the employment contract.
4. Text of consent to forward the work book to the specified address (written in full).
5. Signature of the applicant with transcript, date of compilation.

Attention! Since there is no established template for the execution of this document, a free form can be used.

Cover letter with description

To be sure that the work record has reached the addressee, you must send an envelope with official papers by registered or certified mail. This service is provided by Russian Post. To protect the internal contents, an inventory of the attachment must be completed.

The covering letter contains details that allow you to track the path and fate of the sent forms. Since there is also no unified form, it can be compiled in any form. The main requirement is to enter a certain list of data.

• Details of the employer and his authorized representative represented by the director.
• His contact information for immediate communication.
• The text of the letter, which contains the purpose of sending the documents and an indication of their presence in the inventory.
• Signature of the actual performer with transcript and date of compilation.

Attached to the letter is a list of papers, which is drawn up as an independent document according to Form No. 107, approved by the Federal State Unitary Enterprise “Russian Post” on May 10, 2012. It is fixed with the stamp of the sending department and sealed in an individual envelope.

Shipping options

Today, the most reliable option for transmitting information is Russian Post. Thanks to a clear internal routine, which allows us to cope with the occurrence of emergency situations, any sent document reaches the addressee. Otherwise, it is returned back to the sender. When using this option, the risks of loss are minimized, and postal notifications and all necessary marks are proof that the employer has performed its functions in accordance with established requirements.

However, sending by Russian Post is not the only option for delivering the form. The recipient can independently determine how to pick up the work book - by mail or other convenient way.

1. Available postal operator. Terms of delivery and payment are agreed upon in writing. Since the possibility of loss of the document cannot be excluded, the applicant should not make claims if such a situation arises.
2. Courier service. Sending in this way is possible with the consent of the former employee. The terms of delivery are also recorded in writing. However, all risks associated with the loss of official forms fall on the recipient.
3. Third Party Representative. The resigned employee must draw up a power of attorney from a notary for any person he trusts. The HR department has the right to issue a work book only after presentation of the document by an authorized person.

Attention! Regardless of the chosen method of sending the form, both parties are required to keep all receipts, notification forms, reports confirming the fact of sending and receiving the document. This will avoid misunderstandings and prevent litigation.

What should I do if the employee does not come to pick me up?

If a former employee was fired for absenteeism, and he did not show up to his workplace on the day appointed for dismissal, be sure to draw up a report on the disciplinary violation he committed. He will protect you from possible attacks from him.

If he showed up for work, but forgot to come to you and fill out the documents properly, you need to contact him by the end of the working day:

• via mobile communications;
• by work phone;
• by email.

Keep in mind that by this time the work book must be completed in accordance with established standards and requirements.

If a resigned employee fails to show up to collect his/her book within three working days following the dismissal, submit a notice. The notification is drawn up in free form , but has the status of a document. It contains:

• Last name and initials of the person to whom it is addressed.
• Notification that he has been fired, indicating the date.
• Message that he was supposed to pick up TK, but did not do so.
• The requirement to pick up the document immediately.
• An offer to send the document by mail, which requires a written request from the owner of the trading company.

The notice must be drawn up in 2 copies, one of which is filed in a personal file, and the other is sent by registered mail to the resigned employee, with an inventory attached to the letter and with notification of receipt.

From the moment the notification is sent, you are relieved of responsibility for leaving the owner of your book. Keep in mind, you must have proof of notification sent, as evidenced by:

• the presence of an inventory of the attachment;
• shipping receipts;
• notifications of receipt.

These documents must be properly registered, included in the lists of incoming and outgoing correspondence, and kept in the employee’s personal file, in case claims are received from him. If, in response to the notification, you receive a written request to send it by Russian Labor Post, you will need to send it by registered mail.

Notification of receipt of a work book upon dismissal - sample.

Notification of the need to appear for a work book - sample.

What to do if they don’t hand over your work book upon dismissal - read here.

Through a proxy

A trustee may contact you with a request to receive a document instead of his relative or friend. There are frequent appeals from the wives of employees fired for absenteeism.

Their spouses, who do not come out of their drinking bouts and are dismissed on the basis of a disciplinary sanction, do not resolve issues of their own livelihoods. Under no circumstances should you hand over the document in such situations. If the dismissed employee:

• is ill;
• is located outside the city;
• unable or unwilling to approach in person,

he can make a request to a trusted person. In turn, he must provide him with a notarized power of attorney to receive the TC. Without presentation of a power of attorney, issuance of a document to third parties is unacceptable.

The issue of issuing TC to third parties, even on the basis of a power of attorney, is controversial . The issuance rules regulate only the possibility of receiving in person, without transfer. However, in some cases this may not be possible.

As a rule, personnel officers issue a document by power of attorney, and next to the record of receipt of the book, the name and signature of the authorized person and the details of the power of attorney are placed. When you must give your work book when you quit, read here.

They are guided by the fact that the Rules for issuing TC do not directly indicate the prohibition of its transfer through an intermediary. However, the Rules recommend putting only a personal signature, which is not allowed for the actions of an intermediary.

To be on the safe side, it is recommended to withdraw the one-time power of attorney, and make a copy of other types of power of attorney, filing a replacement document in your personal file.

Certificate of refusal

In some conflict situations, in response to a demand to receive documents, the employee is rude to the employer, overwhelmed with emotions and negative experiences, refusing to pick up the document. Keep in mind that after the emotions subside, he may well be able to file a lawsuit, citing failure to issue a document.

In this case, it is necessary to draw up an act of refusal to receive the book . To do this, approach the indignant employee with several (two or more) people who will testify in your favor and give a clear and consistent command to come up to receive a work book.

If in response a rude attack is made with a refusal to carry out the order, you can draw up an act. This document is drawn up in a free descriptive form, presenting a list of persons present who witnessed the fact that the specified person refused to receive the Labor Code.

The situation of refusal must be described in a concise form, listing the illegal actions of the perpetrator:

• drunken state;
• use of obscene language;
• use of insults and threats.

The act is signed by those present, properly registered and filed in the personal file of the employee, who first familiarizes himself with its contents.

After this, he can receive the document at any time convenient for him personally or through an intermediary, but he will no longer be able to testify against you in court.

The violator must familiarize himself with the act against his signature , but if he refuses to do so, the text of the act is read to him, and those present sign under the note that he refuses to sign.

Act on refusal to obtain a work book - sample.

In what case is a work book sent without consent?

Despite the procedure established by law for issuing a work book upon dismissal, situations arise in life when the employer is required to take his own initiative and send this document by mail to the home address of the resigned subordinate. This is necessary in the following cases.

1. The employee categorically does not want to receive payment on the last day of his stay at the enterprise, pick up his work book and copies of certificates, as well as the payments due.
2. The dismissal occurred at the initiative of the employer, and the offended subordinate decided to protest by refusing to participate in the procedure: he did not sign the payment forms (order, consent, etc.) and did not take away the document on work experience.
3. The employee did not show up for work on the day of dismissal, but the manager knows his place of residence. If the addressee ignored the need to sign the received notification form, the director has the right to send him payment documents.

Advice! It should be remembered that the work book is an official form, so the shipment must be carried out in a valuable letter, which includes a pre-compiled inventory of the contents of the envelope. This will avoid complaints from the departing employee.

Dates of issue

After making an entry in the work book upon dismissal of one’s own free will or for any other reason, the Labor Code is issued to the employee in person and against signature on the day of dismissal. Failure to issue a TC within the next three days is a serious violation. Violating this rule is fraught with troubles that the situation with the abandonment of work can bring from the most unpredictable side.

On the last working day, it is imperative to issue a document to the resigning person, regardless of the grounds on which the industrial relationship was terminated.

For this:

1. The employee is required to be present at the workplace until the end of the working day or, at a minimum, until the receipt of the Labor Code.
2. He was warned in advance about the terms and conditions of the transfer of the TC into his hands.
3. I approached the HR department employee (employer) on my own.
4. Check the completion of the receipt and expenditure book for accounting of work book forms and sign in it to confirm receipt of the Labor Code. The seal for the work record book must not be broken.

The absence of the listed actions, especially on the part of the violator of discipline, dismissed for punishment, forces the employer to accept someone else's responsibility. As a result, the person who was obliged to issue the document will be guilty, and not the one who should have taken it.

If by the evening of the last day of work, no one shows up for the TC, the employee authorized to issue it is obliged to take action and be active .

His initiative necessarily compensates for the inaction of the former employee. Taking measures consists of notifying the person of the obligation to pick up the document.