Administrative and financial liability is provided for late issuance of a work book. In the first case, the person responsible for maintaining personnel records at the enterprise, or in the absence of such a person - the employer, is held liable, and in the second - only the employer.

In accordance with the general procedure for registering termination of an employment contract, established by Art. 84.1 of the Labor Code of the Russian Federation, on the last working day the employer is obliged to issue the employee a work book. 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 come for the work book or agree to send it by mail. 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 application.

A similar requirement is contained in the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225: the employer is obliged to give the employee on the day of dismissal (the last day of work) his work book with a notice of dismissal included in it.

If the employee was not issued a work book in a timely manner or a notice of dismissal was made in the work book that does not comply with current legislation, then the employee is considered to be working at this enterprise until the day the work book is actually issued to him with the correct entries about the date and wording of the reason for dismissal. Moreover, the employer must compensate the employee for his earnings for this period of time. In addition, in accordance with Article 236 of the Labor Code of the Russian Federation, for this amount the employer must pay monetary compensation in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time for amounts not paid on time for each day of delay.

The injured employee may file a complaint with the State Labor Inspectorate with a request to suppress violations on the part of the employer, which in turn will issue an order to the employer to eliminate the violations and may also bring the employer to administrative responsibility (fine) (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In addition, in accordance with current legislation, the employee has the right to apply to the district court at the location of the organization with a statement of claim to claim the work book that was not issued upon dismissal and compensation for the delay in issuing the work book due to the fault of the employer.

Remember that you should not delay going to court, since in accordance with Art. 392 of the Labor Code of the Russian Federation, the limitation period for disputes over dismissal is 1 month.

Upon a claim for compensation for the delay in issuing a work book, the citizen is exempt from paying state duty.

The employee’s labor document, if he does not have one, can be a serious obstacle to resolve the employment issue, significantly reducing the possibility of reaching an agreement with the employer.

Labor legislation, as well as civil proceedings, closely monitor the employer’s observance of the employee’s rights and hold him responsible for the timely return of labor compensation after dismissal. The law obliges.

Deadlines for issuance upon dismissal

Labor legislation provides for the dismissal of an employee subject to certain sequential actions:

1. Submitting a letter of resignation and having it signed by the manager in advance, 15 days before the termination of the employment contract.
2. Knowing 3 days notice to the employee upon dismissal due to disciplinary action.
3. Issuance of an order by the employer.
4. Making an entry in the “job information” in the labor record. What stamp is put in the work book upon dismissal - read.

Based on Art. 84.1 Labor Code of the Russian Federation, the employee's work permit must be issued upon his request on the last working day. On this day, an appropriate notice of dismissal must be made in the document, based on:

• on the corresponding article of the Labor Code of the Russian Federation;
• on the issued order of dismissal.

In addition to making an entry, the employer or an authorized person prepares documents where the signatures of the person receiving the book will be entered. These include:

1. Personal registration card for employees of an organization (enterprise).

If it is withheld or not issued within the specified period due to the fault of the employer, he is obliged to conscientiously postpone the day of dismissal to the date when the employee’s work will be duly transferred to him.

For the additional period required to organize the issuance of Labor Code, the employer is obliged to pay benefits based on the average salary of the resigned employee.

If the person who resigned was unable to receive it within the next three days, such a delay can be considered a gross violation of the legal rights and freedoms of a citizen of the Russian Federation.

In particular, the right to free work, which is an inalienable constitutional right of every citizen of the Russian Federation.

Does the employer have the right not to give?

The employer does not and cannot have such a right. Not only does he not have the right to withhold the document, he is obliged to show activity and initiative if the employee was negligent in receiving his own book.

On the last working day of the resigning person, an authorized employee must call him or contact him in some other way and remind him of the need to pick up the TC.

If the employee is not present at the workplace on the last day, the employer is obliged to notify him in writing, by registered mail, of the need to pick up his book.

Documentation of the notice sent must be kept in the former employee's personal file. The TC must be returned even if the employee is located outside the locality and cannot personally receive his book.

In this case, you can use the following options:

1. With the written consent of the dismissed employee, it is sent by Russian Post.
2. Transfer it through an intermediary on the basis of a power of attorney certified by a notary.

Under no circumstances should you:

1. Withhold TC if the employer assigns financial responsibility to the employee.
2. Force him to sign a bypass sheet or otherwise delay the issuance of the Labor Code.
3. Force a specialist to perform (complete) the work required by the employer.
4. Blackmail him and threaten him, for example, with dismissal “under the article” if he refuses to fulfill the employer’s conditions.

Knowing about the threat of labor liability for failure to hand over, an employer who does not want to let go of the employee he needs usually acts in a different way - does not accept his resignation letter.

Is it possible for an employee to receive (establish) a Labor Code in exchange for a book not issued by the manager?

A work book is a special accounting document that must be stored under conditions of increased protection that do not allow:

• damage;
• theft;
• loss.

The rules for storing labor codes are indicated by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”.

On their basis, it is determined that a new book, in replacement of a lost one, can be issued only on the basis of a document stating that it is subject to replacement. However, the issue of loss or damage to the work will become a burden of responsibility for the person authorized to store it.

If, instead of your work record, you were given a certificate stating that it was damaged, as well as an act that confirms this, you can count on the fact that at your new workplace you will be provided with a new record book. If you consider the issue of replacing the labor document in court, the culprit will pay damages for its restoration.

Where to go if they don’t give you your work book - read.

If replacement documents are not provided, a new book will not be issued to replace the lost one. In this case, you have the following options:

1. Wait for the issue to be resolved through the court, on the basis of which a new book can be opened. In this case, all previous work experience can be restored.
2. Notify the employer that the book is lost. He will start a new one, but responsibility for its absence will be placed on you, and not on the former employer who did not return it.
3. Start a shopping center at a new job, without the possibility of restoring the old one. Seniority for the time worked will not be restored, but you will not miss the offer of a new employer.

The latter method is not based on a legal basis; however, none of the instructions or provisions on the use of the Labor Code indicate the illegality of such actions.

If the employer does not give the work book, what to do?

The most common cases are when an employer avoids issuing a work permit or outright refuses to issue it:

1. Doesn't want to let the employee go because he needs him for the production process.
2. Demonstrates his power among members of the work collective, realizing the extent of the violation committed.
3. He is incompetent in matters of labor law and poorly aware of his responsibilities.
4. The employee's work record is lost or damaged, and the authorized person is trying to avoid liability.

Knowing the motives for delaying labor, you will be able to most adequately navigate the ongoing process. If they are not clear to you, you need to cover them with a single algorithm of actions.

They don’t hand over your work book after dismissal - where to go?

Act with confidence, the protection of employee rights in labor disputes can be considered in various instances, where to go if they don’t give you your work book upon dismissal:

1. The Labor Dispute Commission (LCC) at the enterprise from which you are leaving.
2. Labor inspectorate of your region.
3. District court at the location of the organization.
4. The prosecutor's office.

Application deadlines

Keep in mind that the solution to the issue is statute of limitations is 1 month on all issues related to labor relations. By court decision he can be extended up to 3 months, subject to your active attempts to return the Labor Code from the employer.

The framework of the established period is motivated by the fact that for the forced time of your absence, while you could not receive your book from the employer, you are entitled to compensation in the amount of the average salary paid to you in your last position. Accordingly, the terms of the provided payment are limited.

This period is counted from the last day of work at the enterprise, in accordance with the dismissal order. But if the order is not issued, and your application is lost for unknown reasons, you will have to act from the very beginning, submitting the application according to all the rules.

Write the application in two copies, submit it to the manager, explaining that he must sign the first application as a responsible person, and the second copy is a copy. A copy is needed as a safety net to avoid the precedent of losing the submitted application.

After signing both copies, leave one of them for production, checking that it is correctly recorded in the incoming correspondence journal. Keep the second copy for safekeeping.

After this, after 15 days you have the right to demand the issuance of a work permit. In this case or in other situations when the employer has already issued a dismissal order, the book is issued without delay. If it is not issued within three days after dismissal, you have the right to contact the CTS, if it is available in your department or enterprise.

In other cases or at your discretion, You can contact the labor inspectorate. Based on a resolution issued by these organizations that protect the interests of workers, you can receive a delayed book.

If consideration of the issue is denied to you or the decision is not in your favor, after receiving the refusal or negative decision, you can submit documents to the district court at the location of the defendant’s organization (Article 35 of the Arbitration Procedure Code of the Russian Federation). Without a preliminary consideration of the issue by the CTS or the labor inspectorate, the court will not accept documents for proceedings.

However, please note the reason for your request being denied. In some cases, the employer is relieved of responsibility for late issuance of technical documentation. These may include situations:

1. If the date of dismissal does not coincide with the last day of work of the dismissed person on the basis of clause 6, part 1, article 81 or clause 4. Part 1 of Article 83 of the Labor Code of the Russian Federation (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).
2. Upon dismissal of a woman whose contract was extended due to pregnancy (Part 2 of Article 261).
3. After the employer has taken appropriate measures to transfer the labor to the owner.

In these cases, the employee can make a request for the issuance or forwarding of a document; there should be no obstacles to receiving it.

Sometimes the book is not issued associated with serious problems, which comprehensively address several aspects of labor legislation. For this reason, many employees immediately contact the prosecutor's office.

You must contact the district prosecutor's office of the area where the organization against which the complaint is being filed is located. The employee writes a statement to the prosecutor.

To apply, you need one small nuance - the employer really acted unlawfully against you, and you filed everything properly.

In this case, the appeal will be as effective as possible, and the presumptuous manager will be held accountable for all violations immediately that the prosecutor’s audit reveals. Based on the results of the prosecutor's inspection, you will be given a document and paid for forced absences.

, unlike a claim, is written in free form, without references to articles and other grounds. Here you just need to state the circumstances of the case in a laconic form, indicating:

• dates of dismissal;
• name of the organization;
• your personal data;
• personal data of the responsible person.

Application to the prosecutor's office for non-issuance of a work book - sample:

The standard in this application should be only the “header”, which is drawn up in the upper right corner of the A-4 sheet. It must indicate in strict sequence:

1. To the prosecutor (indicate the name) of the district, city (name).
2. Last name, first name, patronymic of the prosecutor.
3. From whom, indicating the applicant’s last name, first name, patronymic, and home address.
4. Applicant's contact phone number.

After the name of the document, the text itself is drawn up, with a request to conduct a prosecutorial audit in order to protect your rights. Please indicate that the work book was not issued to you illegally. Expect the results to be presented to you in writing.

Responsibility on the employer storage and production of technical documentation is charged on the basis of Article 45 of the Rules (No. 225), which stipulate the need to organize conditions in production where the degree of protection of these documents will be extremely high.

In addition, responsibility may be imposed on a specially authorized person on the basis of job descriptions or orders from the manager.

The responsibility in this case will be considerable. In accordance with Art. 5.27 of the Arbitration Procedure Code of the Russian Federation, he can be held accountable in the form of an administrative fine from 30,000 rubles to 50,000 rubles. The authorized person may be fined the amount from 1,000 rubles to 5,000.

If, due to his negligence or abuse, the labor of an employee or several persons was lost, which entailed unpleasant consequences for them - Responsibility may reach the criminal level:

1. Based on Article 140 of the Criminal Code of the Russian Federation - failure to provide information.
2. Based on Article 293 of the Criminal Code of the Russian Federation - negligence.
3. Art. 324, 325 or 292 of the Criminal Code of the Russian Federation are charged in the case of an intentional mercenary order of an employee.

In addition, in a civil lawsuit in court, an employee injured due to a work book not being issued on time has the right to recover compensation for moral damages from the employer.

Recovery occurs by filing a claim with the district court at the location of the employer. There are more than enough legal grounds for this - this Article 151 of the Civil Code of the Russian Federation. Also articles of the Labor Code of the Russian Federation: 3, 21, 22, 237, 294.

Typically, moral damages are recovered along with material damages, which in this case will be payment for forced absence. You can recover moral damages for the suffering caused to you associated with the infringement of your rights, for discrimination, humiliation that you were subjected to by an employer who did not want to issue a work permit.

It is very appropriate to recover moral damages for offensive, derogatory behavior towards you in the presence of third parties.

If there are facts of a difficult life situation in which you were very difficult and morally uncomfortable- indicate this in the application. For example:

1. Your nervous system is upset and you consult a doctor (provide a certificate).
2. You became depressed and needed the help of a psychologist or psychotherapist.
3. You suffered from powerlessness and resentment that you were treated unfairly.

All your claims expressed in the claim must be confirmed with certificates or testimony and you must ask the court to recover a specific amount of money, determined by you, for moral damages.

Conclusion

If you are not given your work book after your dismissal, act with complete confidence and demand its issuance, regardless of the motivation for holding the work book by your former boss or the person authorized to issue it. The employer does not have such a right.

In this case the employee has every right to pursue his claims and support from higher authorized organizations, regardless of the reason why the work book was not returned.

For the loss of this document, the manager and the employee responsible for storage will be charged with administrative, and in some cases, more serious liability.

The applicant was absent from work due to being on annual paid leave. Having returned to work from vacation, the applicant asked the employer to pay him wages, to which he received an answer that wages would not be paid and the employer also demanded that the applicant write a letter of resignation of his own free will. The applicant offers to pay back wages. Issue a work book. Pay compensation for moral damage and legal fees.

To Limited Liability Company "____________"
_______________________________

gr. __________________________, residing in
address: ___________________________________

"In a pre-trial manner
dispute settlement"

CLAIM

Since ___________, I have worked at LLC "__________" as a manager on the basis of employment contract No. ___ dated ________. According to clause 3.1 of the employment contract, my official salary was __________ rubles per month. Which does not correspond to the established minimum wage in the territory of the city __________ (the minimum wage in the city __________ from _________ is ______ rubles).
In fact, my monthly earnings were ___________ rubles.
Since ___, I have been absent from work due to being on annual paid leave.
Having returned to work from vacation, I asked you to pay me my wages for ____________, to which I received the answer that my wages would not be paid and you also demanded that I write a letter of resignation of my own free will.
I refused to write a letter of resignation of my own free will, to which you informed me that I had already been dismissed of my own free will; in confirmation, my work book was shown with a record of dismissal of my own free will.

“___” ____________ I came to you in order to receive unpaid wages, obtain a work book, but you did not give me a work book, did not make material calculations for the payment of wages, payment of vacation.

I consider your actions of refusing to pay wages, issuing a work book and paying for vacation to be unlawful and violating my legitimate interests for the following reasons.

In accordance with Article 2 of the Labor Code of the Russian Federation, one of the basic principles of the legal regulation of labor relations is the obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the right of the employer to demand from employees the performance of their labor duties and careful attitude to the property of the employer and the right of employees to demand from the employer compliance with his duties towards employees, labor legislation and other acts containing labor law norms; ensuring the right of workers to protect their dignity during their working life.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of the Labor Code of the Russian Federation. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
I believe that your actions related to not issuing me a work book upon dismissal are a violation of my labor rights and legitimate interests. As a result of the failure to issue me a work book, I was deprived of the opportunity to get a job and work in the period from __.__.______ to __.___.______.

In accordance with Article 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of:
illegal removal of an employee from work, his dismissal or transfer to another job;
the employer’s refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee to his previous job;
delay by the employer in issuing a work book to an employee, or entering into the work book an incorrect or non-compliant wording of the reason for the employee’s dismissal.

During the time during which I was deprived of the opportunity to work due to the fact that you did not give me a work book, I did not receive wages.
Compensation for the delay in issuing a work book, according to the above calculation, is:
average monthly salary / average number of working days of the delay period* number of days of delay in issuing a work book = _____ rub. /___ days * __ days = _________ rubles.

In accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to timely and full payment of wages and annual paid leave.
In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to pay the full amount of wages due to employees within the time limits established in accordance with the Labor Code, collective agreement, internal labor regulations, and employment contract.
Based on Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with equal pay for work of equal value.
Based on Art. 11 of the Labor Code of the Russian Federation, all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other directly related relations with employees are obliged to be guided by the provisions of labor legislation and other acts containing labor law norms.
In accordance with Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify each employee in writing about the components of the wages due to him for the corresponding period, the amount and grounds for deductions made, as well as the total amount of money to be paid.
Wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, or employment contract.

According to Art. 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
The amount of wage arrears is _________ rubles.

By virtue of Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in force at that time Russian Federation from unpaid amounts on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive.

Interest for late payment of wages due to me will be:
for ____________ year, interest on delayed wages is:
from ____________ the discount rate of refinancing is ____%, Directive of the Central Bank of the Russian Federation No. ________ dated __________;
(_____: ___ x __ x __________): ____ = _________ rubles.
Total interest for delayed payment of wages will be: ________ (_______________________) rubles.

According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings.
According to Art. 115 of the Labor Code of the Russian Federation, annual basic paid leave is provided to employees for a duration of 28 calendar days.
According to Art. 136 of the Labor Code of the Russian Federation, payment for vacation is made no later than three days before its start.
The debt to pay for the next vacation is ________ rubles.

As a result of your unlawful actions, I suffered moral harm, expressed in the fact that due to the unpaid salary upon dismissal, I was extremely short of money, due to the delay in issuing a work book, I could not find a job, as a result of which I could not adequately support my family, and also forced to spend my time and money defending my legal rights.
I estimate the compensation for moral damage caused to me at ________ rubles.

In accordance with Art. 237 of the Labor Code of the Russian Federation, moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract.
My moral suffering is aggravated by the disrespectful attitude of the management of this organization towards its employees who conscientiously perform their official duties.
In addition, due to the violation of my rights, I was forced to seek legal assistance from LLC "____________", into whose cash desk a sum of ________ rubles was deposited.
According to Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

Based on the above, in accordance with Art. 2, 21, 22, 84.1, 114-115, 140, 136, 234, 236, 237 of the Labor Code of the Russian Federation,

I SUGGEST:
1. Give me a work book.
2. Pay back wages in my favor in the amount of ___________ rubles.
3. Pay in my favor a penalty for late payment of wages for the period from __.__._____ to __.__.____ in the amount of ________ rubles.
4. Pay compensation in my favor for the delay in issuing a work book upon dismissal in the amount of _________ rubles.
5. Pay compensation in my favor for vacation in the amount of _________ rubles.
6. Pay in my favor in compensation for moral damage caused to me in the amount of _____________ rubles.
7. Pay _______ rubles in my favor as compensation for the legal services I paid.
In accordance with Art. 362 of the Labor Code of the Russian Federation, managers and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
Administrative responsibility for paying wages less than the minimum wage is established by Art. 5.27 of the Code of the Russian Federation on Administrative Offences. The fine for officials ranges from 1,000 rubles to 5,000 rubles, for legal entities - from thirty thousand to fifty thousand rubles or administrative suspension of activities for up to ninety days.
According to Art. 145.1 of the Criminal Code of the Russian Federation, non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than two months, committed by the head of an organization, an employer - an individual out of selfish or other personal interest -
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by imprisonment for a term of up to two years.

If my demands are not met, I will be forced to contact the competent authorities (prosecutor's office, State Labor Inspectorate, tax inspectorate...) to protect my rights and legitimate interests, as well as to bring to justice those who violated my rights.

APPLICATION:
A copy of the employment contract.

"___" _________________ G. ________/______________/

So: complaint to the state labor inspectorate:

To the State Labor Inspectorate in the city of St. Petersburg. 198095, St. Petersburg, Zoya Kosmodemyanskaya street, building 28, letter A.

From: FULL NAME., living ( to her) by the address: index, St. Petersburg, _______________ street, d.___, apt.__, tel. ___________.

COMPLAINT

about violation of employee rights

I, FULL NAME., in the period from “____” ______________ 20___ to “____” ______________ 20___ ( or to date), have worked indicate the position in LLC "_______________" (TIN/KPP: ___________/___________); OGRN: ____________, current account ____________, BIC ____________, legal / actual address: index, St. Petersburg, st. ________________, house ______. Over the entire period of my working career, the management of LLC “_______________” constantly grossly violated my labor rights, guarantees and interests.

These violations are expressed as follows:

1. I have not received wages from “____” ______________ 20___ to the present, which is a gross violation of the Labor Code of the Russian Federation. I turned to management with a request to give me a salary for the months worked. However, the accountant and the director himself told me that I must write a letter of resignation of my own free will and only in this case will I probably receive my money. They began to put psychological pressure on me, forcing me to write a letter of resignation of my own free will. This fact is confirmed by the audio recording on the CD attached to the application. In a personal conversation, the organization’s accountant does not hide the fact that the organization is acting illegally, but she herself is afraid of being fired and therefore strictly follows the director’s orders about non-payment of wages, since the company has no money.

“____” ______________ 20___ I submitted a notice to the management of the organization that I was suspending work from 9:00 a.m. “____” ______________ 20___ until my wages were paid on the basis of Article 142 of the Labor Code of the Russian Federation. The director ignored this statement.

“____” ______________ 20___ I was called to the enterprise supposedly to receive my salary, but I was given a notice of a reduction in the number of employees. At the same time, severance pay was denied. Payment of severance pay in connection with a reduction in the number or staff of an organization's employees (Part 2 of Article 81 of the Labor Code of the Russian Federation) is regulated by Article 178 of the Labor Code of the Russian Federation. If an employment contract is terminated due to a reduction in the number or staff, the dismissed employee is paid severance pay in the amount of the average monthly salary, and the average monthly salary is retained for the period of employment, but not more than 2 months from the date of dismissal (including severance pay).

My salary was never paid for the entire period!

All documents confirming the employment relationship: work book, employment contract are stored in LLC “_______________”, which is a direct violation of the labor legislation of the Russian Federation. Since my work record is at _______________ LLC, I cannot get another job.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to issue the employee a work book. In violation of the requirements of the above article, I was not given a work book. Failure to issue a work book to an employee upon dismissal is one of the cases of illegally depriving an employee of the opportunity to work. If a work book is not issued to the employee and there is no notification of its sending to the address of the dismissed employee, the employer, in accordance with paragraph 4 of Part 1 of Article 234 of the Labor Code of the Russian Federation, is obliged to compensate the employee for the earnings not received by him for the delay in issuing the work book to the employee.

Thus, LLC “_______________” (represented by its officials) violated Article 84.1 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.

2. In accordance with Article 37 of the Constitution of the Russian Federation, an employee has the right to remuneration for work without any discrimination. In accordance with Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, or employment contract. In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to make a settlement with the employee.

In violation of the above articles, LLC “_______________” systematically delayed and constantly did not pay my salary (it did not pay the entire salary, but only part of it), there were constant delays. As a result, for the period from “____” ______________ 20___ to the present day, I have not received any wages at all. The employer has arrears of wages in the amount of indicate the full amount of the debt in rubles. When I was made redundant, no payment was made to me.

Thus, LLC “_______________” (represented by its officials) violated Article 37 of the Constitution of the Russian Federation, Articles 84.1 and 136 of the Labor Code of the Russian Federation, and also violated my right to receive earnings, guaranteed by the Constitution.

3. In accordance with Article 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee's receipt of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.

In violation of the above article, I was not given my copy of the employment contract and therefore I am experiencing difficulties in going to court with a claim to recover wages, as well as to collect compensation for other violations of the employment contract concluded with me. Thus, LLC “_______________” (represented by its officials) violated Article 67 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.

Only the most significant violations are listed above. The same applies to other employees. In connection with this circumstance, inspection of the activities of LLC “_______________” by the state labor inspectorate is especially relevant.

I believe that the above actions of officials of LLC “_______________” fall under Article 5.27 of the Code of the Russian Federation on Administrative Offenses.

I am asking you for help, because in accordance with current legislation, State Labor Inspectorates receive citizens, consider applications, complaints and other requests from citizens about violations of their labor rights. Carry out state supervision and control over compliance with labor legislation. They consider cases of administrative violations. Carry out inspections and investigations into the causes of violations of labor and labor protection legislation. They present employers with binding orders to eliminate violations of labor and labor protection legislation, to restore the violated rights of citizens, with proposals to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner. Persons guilty of violating the legislation of the Russian Federation on labor and labor protection are brought to administrative responsibility.

Based on the above and in accordance with Art. 84.1, 67, 136, 234 Labor Code of the Russian Federation, 5.27, 23.12 Code of Administrative Offenses of the Russian Federation, Art. 37 of the Constitution of the Russian Federation,

Ask:

1. Conduct an investigation into this complaint and, if violations of the legislation of the Russian Federation are detected in the activities of LLC “______________” or officials of this organization, bring the perpetrators to administrative responsibility;

2. Oblige LLC “______________” to restore the violated right by returning my work book;

3. Oblige LLC “_____________” to pay me wages for the period from “____” ______________ 20___ to “____” ______________ 20___ in the amount of _________ rubles;

4. Oblige LLC “______________” to compensate me for lost earnings for the period from “____” ______________ 20___ to “____” ______________ 20___ in the amount of _________ rubles for illegal deprivation of the right to work due to non-issuance of a work book;

When terminating an employment contract with an employer, a company employee must receive his or her work book. According to the regulations of the Russian Federation, the deadline for returning the document is the employee’s last working day.

However, often for one reason or another, employers are in no hurry to return the work book. In this article we will try to analyze in detail what to do, when this happens and who to contact.

Grounds releasing the employer from liability for failure to issue a document upon dismissal

Let's consider the most typical situations when the head of a company is not answerable to the law.

The employee is absent from the workplace

This could be any force majeure circumstances: illness, departure to another city or for family reasons, etc.

In such situations, there is only one way out - the employer sends a letter with a notification of delivery to the employee with a request to pick up the document or agree to send it by mail.

In this case, the manager is released from liability for late delivery.

Since sending by mail is a fairly serious step, you need to obtain the employee’s written consent to do this. If the employee did not give his consent to forward the document, the head of the company is obliged to create conditions for their storage until required, for a period of at least fifty years.

It also happens when an employee, due to moving to another country or for any other reason, is physically unable to come and pick up his work book. In this situation, there is only one option left - to issue a power of attorney. This can be done at any notary office.

The document states:

• personal data of the attorney and former employee of the company (last name, first name and patronymic, passport details and residential address, signature);
• name of the company, its details;
• signature of the document owner;
• date of preparation and validity period.

After issuing a notarized power of attorney, the attorney will be able to obtain a work book from the company’s human resources department, where employees are required to issue a receipt stating that the document was issued.

The employee refuses to collect his personal documents

For example, an employee does not agree with the dismissal, the employer is obliged to try at all costs to return the papers by any possible means.
If an employee is on his last day at his workplace, but for some reason ignores requests to pick up papers, it is necessary to draw up a report.

It records all the points: indicates the reasons why the employee refuses to pick up the documents. After this, the employee signs the document and indicates the date, then transfers it to the HR department.

In a situation where the moment to draw up an act was missed, other measures must be taken. Try sending your former colleague a registered letter with a request to contact the HR department and pick up your work book.

This paper is written in any form. It is necessary to indicate: company name, employee information, date of sending the letter, contacts and other necessary information.

When an employer is responsible for the delay in issuing a work book to an employee upon dismissal

Many company managers use blackmail, threats, and intimidate workers without issuing them a work book in a timely manner. Regardless of the reasons and pretexts for which the employer refuses to issue a document, a former employee of the company has the right to complain about the manager to the authorized bodies or try to influence in other ways.

What financial liability does an employer bear if he refuses to issue a work book?

If the document is not issued, the employee has the right to demand compensation for lost earnings due to the impossibility of further employment without a work book.

A former employee of the company has the right to demand financial compensation for lost earnings.

According to Article 232 of the Labor Code of the Russian Federation, financial liability is provided for the untimely issuance of a document to a company employee. In accordance with the employment contract or other agreements, the amount of compensation may be specified.

The law also provides for monetary compensation to the employee. The amount of payments is determined by the amount of lost earnings that the employee could have received if he had a document in his hands indicating his length of service.

The employer has obligations not only towards employees, but also towards the state, in accordance with Article 5.27 of the Code of Administrative Offences.

For late issuance, the labor manager may receive a fine. The amount varies from thirty to fifty thousand Russian rubles.

Officials and managers of enterprises may be fined from one thousand to five thousand rubles. Individual entrepreneurs - over 5000 Russian rubles. The company or enterprise is required to pay monetary compensation to the state treasury.

How can an employer compensate for moral damages for the delay in issuing a work book?

Another effective way to protect your rights is to demand compensation for mental suffering. This term in labor law refers to violations of his personal non-property or property rights related to labor activity.

The amounts of payments and compensation when the parties do not reach a common consensus are established in court. In this case, the limitation period is set at three months.

It is during this period and no later that a former employee of the enterprise can go to court and receive monetary compensation. Human rights authorities take into account all the circumstances and the degree of guilt of the offender.

Administrative liability for refusal to issue documents

In addition to material damage to a former employee, the company may incur other liabilities for not issuing a document on time. The employer may be subject to a fine in accordance with the administrative code of the Russian Federation.

The dimensions, according to part one of Article 5.27.1 of the Code of Administrative Offenses in the Russian Federation, can be as follows:

• Individual entrepreneurs are subject to a fine of one thousand to five thousand rubles.
• For companies - from thirty to fifty thousand rubles.
• For officials - a warning or an amount from one thousand to five thousand.

In case of repeated offenses, fines may be increased:

• for companies and enterprises - from fifty to seventy thousand rubles.
• for heads of organizations - from ten to twenty thousand rubles or suspension from work for a period of one or three years.
• for individual entrepreneurs - from ten to twenty thousand rubles.

To bring the employer to administrative responsibility, the employee should contact the authorized labor and employment authorities. According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, they will help bring the offender to justice.

In cases where, at the request of a former employee of the company, the labor inspectorate is involved, employees will be required to check all the facts. Since most organizations are afraid of being involved in such situations and running into a fine, as a rule, the threat of involving the authorized bodies can help get the work book back.

What to do and where to go if an employee is not given documents upon dismissal

If the employer refuses to return to the employee the documents necessary for further employment, you need to try to find a compromise. If it is not possible to resolve the conflict peacefully, you can move on to tougher actions.

There is a specific algorithm for such situations. This is the only way to protect your violated rights.

So, the procedure could be as follows:

Write an application addressed to the general director of the company with a request to issue a work book, in accordance with Article 80 of the Labor Code of the Russian Federation.

The application must indicate: position, organization details, passport details, date of application and signature. The employer must understand that the employee is familiar with his rights and understands that he is violating them. Write the application in two copies and submit it to the secretary for approval. Then don’t forget to pick up your copy with an acceptance mark.

If a written request is not accepted, send a registered letter by mail. In this case, it is necessary to draw up an inventory in two copies.

In cases where the above actions did not help, it is necessary to move on to more active actions and contact the supervisory authorities for labor and employment, whose responsibilities include examining such issues.

In addition, a former employee of the organization has the right to file a complaint with the prosecutor’s office. To do this, you should send a complaint and write a corresponding statement. The form of this appeal should be the same as a letter of notification to a company that refuses to return the employee’s personal documents.

Well, the main course of action is to appeal to the judicial authorities with a demand for the issuance of a work book and the recovery of funds for its unlawful deduction. In this situation, it is necessary for labor issues.