Application for a new work record. Rules for drawing up a work book. Purchasing a work book

from 31/12/2018

The main document confirming work experience is kept by the employer, so in situations where you need to present it to any authorities or organizations, first submit an application for a work book at your place of work.

When can such a situation objectively arise? A work record is required when obtaining a loan, taking advanced training courses, etc. But the employer is not always obliged to satisfy the request to hand over such a document. What are these cases, what to do when the law does not provide for the issuance of a work book - we will talk about this here.

Example of an application for the issuance of a work book

General Director

EcoSystemLounge LLC

D.M. Parygin

from a sales specialist

Georginov Arkady Borisovich

Application for issuance of a work book

In accordance with Article 62 of the Labor Code of the Russian Federation, I ask you to give me the original work book before 08/05/2017 for presentation to the Pension Fund of the Russian Federation at the place of residence for registration purposes. The obligation to return the original work book to EcoSystemLounge LLC within 3 working days from the date of return by the compulsory social insurance (security) body - the Pension Fund - was notified.

08/02/2017 Georginov A.B.

Georginov A.B. received the work book in his hands on August 3, 2017.

When to apply for a work book?

Until 2015, it was possible to obtain the original work book for only one reason - dismissal. And, and on other grounds of the Labor Code of the Russian Federation. On the last day of work, the employer is obliged to hand over the original of this document and the due wages. And violation of such an obligation entails liability (, statement of claim), incl. with payment of a penalty regardless of the fault of such an employer.

Now, to such a reason as dismissal, another opportunity has been added to obtain a work book - for registration of any and confirmation. This rule is directly enshrined in the Labor Code of the Russian Federation. In this case, the employer does not have the right to refuse to issue the document to the employee. True, the employee is obliged to return it to the employer within 3 working days from the date of return by the Pension Fund branch.

In all other cases, the work book is not issued to the employee. This also applies to work. An entry for additional work at a non-primary location is made according to different rules. Information from your work record may be needed. For example, to obtain a loan, a passport, a visa to foreign countries, or receive subsidies. In such cases, prepare and ask for an extract from the work record book. Such a document must be issued within 3 days from the date of receipt of the employee’s written request.

An application for the issuance of a work book is always made in writing. And this, first of all, is necessary for the employer to properly maintain personnel documentation. The form of the document has not been approved, so if the organization does not have a sample or form approved by local regulations, we recommend using the example posted on the website.

The statement reflects:

• position, full name head of an organization or individual entrepreneur;
• full name, position, department of the applicant;
• please provide a work record book and purpose: to apply for a pension;
• notification of the employee’s obligation to return the document within 3 days;
• date and signature.

If the employer does not keep a log of the issuance of work books, then we recommend writing in the text of the application when the document was actually received in person, or issuing a receipt for receipt.

A third party has the right to receive a work book in relation to an employee only upon presentation of a notarized document (for an application for the issuance of a work book) and on or.

In such situations, employers behave differently. Some persuade a valuable specialist to work more, while others simply cannot get rid of it.

In any case, this point cannot be reflected in the attitude towards the documents.
The employer is obliged to formalize them correctly and issue a work book in accordance with the requirements.

Is it necessary to confirm the length of service for PF accruals?

Until this year, the employer was not obliged to collect a package of documents for retiring employees, and issued a work book upon dismissal. Since January 1, the situation has changed.

This is determined by the legislative draft of July 21, 2014 No. 216-FZ “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation in connection with the adoption federal laws“On insurance pensions” and “On funded pensions”.

In accordance with this document, the employer is obliged to provide the employee with the required documents, including labor documents, within three days after reaching retirement age. Based on the above document, changes have been made to labor legislation, including .

However, no changes were made to the regulations for issuing TC during the period of registration of a pension in Rules No. 225, approved by Government Resolution dated April 16, 2003.

Does the pension fund have its own database?

The Citizens Pension Insurance Fund has in its arsenal a fairly complete set of information about the employee. It is updated with new information in accordance with the fact that this or that employee voluntarily and directly deducts the amount determined by legislative standards from the funds he earns.

These data are the property of pension funds. However, this is not enough. Recent legislative requirements have ended the emerging controversy on this issue. Confirmation of work experience in accordance with entries in the Labor Code is recognized as a necessary element of each employee’s retirement.

This suggests that the state system intends to prevent the possibility of situations arising in which unaccounted experience will be revealed, or it will be lost, which will call into question the fulfillment of the constitutional rights of every working citizen.

Work experience is calculated only in accordance with labor records.

In cases where they are in doubt or are not properly documented by the employer, the employee will have to confirm them by submitting additional documents.

Procedure for issuing TC in hand

TC can be issued to an employee only against receipt and upon his written application, referring to the above, legislative document. It must be borne in mind that in the event of damage or loss of the labor document, the employer will be held liable together with the employee if he does not confirm that the issuance of the Labor Code was issued in accordance with the regulations.

Some particularly vigilant employers require a receipt when issuing a Labor Code and, on its basis, make an entry in the journal for recording the movement of work books.

After the employee verifies his length of service in the pension fund, he returns the labor code, and the employer is forced to make a new entry.

Perhaps this method will be quite relevant in the event of loss of employment. But upon its return, the entry made will turn out to be inappropriate, since it will not comply with the requirements of the Rules and Instructions, which allow for the need to make an account only when applying for a job.

However, nowhere in the Rules, which in paragraph 35 regulate the issuance of labor documentation upon dismissal, is there a prohibition on making entries in registration forms in the case of issuing a book against receipt.

Therefore, this issue can be considered by the employer individually.

But the main provisions that guarantee the correct issuance of the work permit are:

• acceptance of application;
• acceptance of receipt.

Only on their basis can a document be issued.

How to get a work permit to apply for a pension?

When coming to the employer to get a work book, the employee must understand his responsibility for receiving the document to which the enhanced reporting forms apply.

Accordingly, he is obliged to provide guarantees that the document will be returned within the specified period. In addition, he needs to take the document in hand immediately before submitting it to the insurance pension fund. And immediately after that, return it to the employer.

To receive your work permit, you will need to write an application, and in return for the document, leave the HR officer a receipt of its receipt.

Application writing sample

An application for issuing a work permit is written to the manager, since it is he who is responsible for their storage and safety, and also takes responsibility for returning the document upon dismissal in proper form.

There are no special requirements for this application and it is written in a standard form on a regular A4 sheet.

In the upper right corner it is indicated:

1. position, surname and initials of the employer.
2. Position, surname and initials of the applicant.

In the middle is the name of the document, and then the main text, which consists of the following:

After the manager confirms consent in writing with an order for issuance - in the upper left corner of the document, or at the bottom, you can receive the work book in your hands.

Do I need a receipt for receipt?

In addition to the application certified by the manager, which serves as permission to issue the book, you will need to write a receipt. The receipt is left instead of the labor owner with the personnel officer or employer. She states the fact that the document was issued to the owner.

It is compiled simply, concisely stating the following points:

• that the owner (indicating his position, surname, name and patronymic) received a work book.
• It must be submitted to the Pension Fund in connection with retirement.
• Specify the period for which it was taken specifically.
• Indicate the series and labor number.
• Add date and signature with transcript.

Upon return, the employee must receive a receipt.

If during this time the receipt was lost or damaged, the employee must request a receipt from the employer stating that he received the work book from the employee, indicating his last name, initials and position, as well as the series and number of the work book.

Conclusion

Retirement is a troublesome, but quite pleasant procedure.

To ensure that it is not overshadowed by unforeseen circumstances, it is best to provide the pension fund with all documents in advance.

Indeed, in case of the slightest shortcomings that illiterate employers may have made in the information entered, they will have to be corrected and supporting documents collected.

If the employer refuses to issue a work book, to confirm the length of service in the pension fund, the employee has the right to contact the labor inspectorate. It will be able to charge the employer not only with the obligation to issue a Labor Code, but also with a fine for violating established standards.

Losing work records is not such a rare occurrence. In order to receive a new document, you must write a statement about the loss of the previous one.

FILES

In accordance with current legislation, the work book is included in the list of strict accounting forms. This means that you need to treat it with extreme care and attention, preventing it from falling into the wrong hands. This is due to the fact that based on the entries made in the labor record, the employee’s total length of service is subsequently calculated and a pension is calculated.

During the period when a person is officially working, the work record is kept by his employer under the supervision of a human resources specialist or secretary.

At this time, this employee bears full responsibility for the document, including financial, i.e. if the work record suddenly disappears, the company representative will restore it at his own expense.

However, sometimes the labor document ends up in the hands of a citizen. This happens, first of all, when he is unemployed or for some reason is forced to take work from the employer. It should be noted that in most cases, to provide information from the labor record at the place of request, it is enough to take books from the place of work, but as for some government agencies, for example, Pension Fund or bank credit institutions, they often only ask for the original document.

And during this period, no one is insured against loss of employment or its loss (the latter may be associated with some emergency circumstance - fire, flooding, accident, etc.).

There is no penalty under the law for the loss or loss of a document, but its restoration is primarily the concern and responsibility of its owner.

In this case, even partial damage to the work book - burning, lack of sheets, indelible dirt, etc. serves as the basis for replacing it and obtaining a new form.

Who to apply to

A statement of loss of employment is always written to the head of the company or (if this is provided for in the local policy of the organization) to another responsible employee, for example the head of the human resources department.

In this case, the application itself is transferred either to the personnel officer, or to the secretary, or to the accountant - in large enterprises, senior management is usually not available to resolve such minor matters. If the company is small, then the application can be submitted directly to the director.

Where to go if loss of employment occurred during a period of absence from work

If the loss of your work record happened at a time when the person was not working anywhere, then you need to contact your former employer or a new one. In any case, after receiving the application, the employee is required to issue a document.

Within what period must the employer issue a new book?

After the application leaves for its destination, a new work book must be issued within two weeks. But the collection of previous records should be carried out by the person through whose fault the loss of the previous document occurred. If it is the owner himself, then you need to walk through former places work and ask that they put the necessary stamps in the labor office. If the loss occurred through the fault of a company employee - during the period when the book was in the safe custody of the employer - he must take care of its restoration.

Is it possible to buy a work permit and enter information about previous places of work yourself?

This option seems to some to be the simplest and fastest. However, it is important to know that doing this is not only unwise, but also unsafe from the point of view of criminal law. Registration of a work book by persons who do not have the right to do so will be illegal and may also fall under the article on forgery of documents.

How to formulate a statement, features of the document

If you are reading this article, then you are probably faced with the task of drawing up a statement about the loss of your work book. Before providing you detailed description document, let's give some general information, which relate to all such papers.

1. First, keep in mind that almost any application today can be written in any form (with the exception of those submitted in government bodies– there you usually need to fill out standardized forms). Of course, if the employer requires you to formulate an application using the template he provides, you should use this method.
2. Secondly, a regular sheet of paper of any format convenient for you is suitable for the document - preferably A4 or A5. The application can be written manually or typed on a computer, but it is advisable to immediately check with the personnel department which option they need - printed forms are not accepted everywhere. If you have made an electronic text, you need to print it out in any case - this is necessary so that you can put your signature on it.
3. Make the application in two copies - give one of them to the employer’s representative, keep the second for yourself, having previously secured a mark on it that you have received a copy. In the future, such a precaution may help you - for example, if an employee of the HR department states that there was no statement about the loss of employment and refuses to issue a duplicate.

Sample application for loss of work record

Now we come to the main part of our article - the example. It must be said that this document is not particularly difficult to draw up - based on the sample presented below, you will be able to write your application without any problems.

So, in order. At the beginning of the document, indicate to whom you are addressing it: here you must indicate the position, full name of the head of the company in which you work (or worked), as well as the name of the organization itself. Next, enter your details - also your position and full name. Then, in the middle of the line, write the word “statement” and put a period.

From a new line, inform the employer about the actual loss of the work book. It is not necessary to write the reasons for the loss - there is no such requirement in the law. Further referring to Art. 65 part 5 of the Labor Code of the Russian Federation, ask to issue a new labor document. Finally, sign the document and hand it to the responsible employee.

The work book for every working person is the most important register in which the main milestones of his activities are recorded. And while the state has not transferred this part of personnel records management to an electronic format, the issue of receiving this document remains relevant for both parties. There are a lot of details and tricky points to consider.

How to get a work book, who pays for it

The main regulatory act regulating the timing and scheme for issuing a labor register to a person who gets a job for the first time is Government Decree No. 225 of March 25, 2003. Paragraph 8 directly states that the opening of an employment document for an employee is the responsibility of the employer. Moreover, there is a certain period for this procedure - no more than five working days. The employer does not have the right to send the employee anywhere to get a work permit - it is he who must ensure its availability. To do this, both large and small enterprises purchase labor forms from Goznak in advance and maintain a register of these documents, reporting monthly on their use. This is reflected in the Labor Records Book.

There is no fee for issuing the book, but the employee must pay for the form itself; it is his property (see paragraph 47 of the said resolution). The only exceptions here are cases when the document is damaged or lost due to the fault of the employer. The cost of a work book form (as well as an insert for it) varies from 180 to 250 rubles, depending on the region. In Moscow and St. Petersburg it can reach up to 400 ₽.

A competent personnel officer will never offer a person to deduct the cost of the form from the first salary; this is illegal. You need to take money for the book immediately upon registration, and preferably through the receipt in cash. It is even permissible to lend money to a person if he does not have the funds for this at the moment.

How to get a work book for the first time

There are only 3 ways to purchase (receive) a work book:

1. The first employer (this may be a legal entity or an individual entrepreneur, but not an individual).
2. Independently in branches of Rospechat, in bookstores, stationery stores or at the post office (but this is a person’s right, not an obligation).
3. Some universities are now conducting a kind of PR campaign when they issue blank forms to their graduates along with their diplomas. But this does not oblige you to anything.

In any case, it is prohibited to fill out the title sheet yourself; this can only be done by the first employer. Otherwise, the labor register will be declared invalid.

Documents for registration

When applying for a job and filling out the labor register, you need the following package of documents:

• passport of a citizen of the Russian Federation (substituting document);
• a document certifying information about education (diploma, certificate, etc.), a certificate of acquisition of special knowledge and skills, if required by the specifics of the job;
• for citizens liable for military service - military ID;
• pension insurance certificate - SNILS (if it has not yet been received, it is issued by the employer);
• certificates of additional training or diplomas from advanced training courses (if any, submitted at the request of the new employee);
• when hiring for certain positions - a certificate of no criminal record or a document stating that the person has not been prosecuted for the use of narcotic and psychotropic substances.

Based on the first two documents, the labor title card is filled out; the rest will be needed to enter personal information into the employee’s personal card.

A personnel employee does not have the right to enter any data into the labor register without familiarizing himself with the documents that confirm them. Filling out the form according to the employee is prohibited by labor law. The same applies to corrections.

The basis for making any entry in the book can only be the original documents of the employee. This is due to the fact that the information on the title page must be 100% correct, without grammatical errors. After all, a mistake in even one letter of the full name can lead to the cancellation of the entire document.

Examples of applications for obtaining a labor register - new and duplicate

There are several life situations when a worker has to write an application for a work book:

1. The first place of work - in this version, the legislative basis for its issuance is paragraph 4 of Article 65 of the Labor Code of the Russian Federation.

   By applying for a work book, the employee confirms that this is his first place of employment

2. Loss of an existing book, its damage, which does not allow the data to be read. Here you need to refer to paragraph 5 of this article. But the legislation provides for a mandatory indication of the reason.

   If the book is lost, only the length of service that is confirmed by documents will be restored.

Restoring a work record

If the book is lost, the employee must take into account the requirements of paragraph 31 of Resolution No. 225, which states that he must immediately notify the employer at his last place of work. He must, within 15 days from the date of receipt of the application, issue the applicant a duplicate work permit. Moreover, all records from previous places of work can be restored only if there are supporting documents for this, which the employee must submit, for example:

• originals of employment agreements;
• 2-NDFL certificates issued to a person for years of work;
• orders regarding labor activity (hiring, dismissal, etc.);
• monthly pay stubs, etc.

A complete list of documents certifying the length of service is established in paragraph 11 of the Russian Government Decree No. 1015.

If suddenly a lost book is found when its duplicate is already ready, it is necessary to destroy the duplicate document. Priority is set for the primary work record.

If the employment document is lost due to the fault of the employer, he independently, with the help of a special commission and, of course, at his own expense, restores the document. In this case, an application from the employee is not required.

Let us briefly examine one more point: in practice, it happens that an employee tries to get a second book, deliberately misleading his current employer. There are several reasons for this; as a rule, a person wants:

• eliminate data on previous places of employment (dismissal “under article”, inappropriate position, etc.);
• radically change the scope of activity;
• find a job in two places at the same time.

All of these are punishable acts; both parties need to know that the following responsibilities apply:

1. The violator can be fired under the article for providing false information when applying for a job.
2. If the work report was made for double employment, the employer has the right to recover through the court the personal income tax and contributions that were paid for him from the negligent employee.
3. The length of service indicated in the unauthorized work record will not be counted when generating a pension.
4. If during work a person took 2 certificates of incapacity for work and received compensation for both sick leave, this can be regarded as illegal enrichment.
5. Forgery of documents can also be prosecuted under the Criminal Code of the Russian Federation (Articles 159 and 327).

At what age can you get a work book?

The main document that regulates the issue of age for obtaining a labor register is Article 63 of the Labor Code of the Russian Federation. It states that there are variations:

1. 16 years is the first term established by law. After its execution, there are no restrictions or conditions for issuing a work book to a young man who wants to work.
2. At the age of 15, to obtain a labor register, a person must:
   • either have already stopped their education, or studied by correspondence (full-time study does not imply employment);
   • I only took light work and only if the work did not interfere with my education.
3. 14 years is the age when you can also start working, but:
   • it is necessary that the restrictive conditions for fifteen-year-olds be met;
   • Written permission from the applicant's parents will be required.
4. It is possible to officially employ minor children who take part in filming, concerts or sports programs, shows, etc. In this option, the work book is created by the employer, and the employment contract is signed by one of the parents. It must include the following points:
   • the maximum permissible duration of daily work (each age has its own);
   • condition that work activity should not harm the moral or psychological state of the child.

That is, when concluding an employment agreement, the employer must issue a work book to everyone, regardless of the employee’s age. The main thing here is not the fact of issuing the work permit itself, but the correct wording in the contract.

When can a work book be issued to an employee?

During the period when the employee is registered at the enterprise at his main place of work, the labor record is stored in the personnel management service (in personnel). Part-time workers register their employment at their main place.

In fact, there is only one option when a labor register is issued to an employee - dismissal. In all other life situations, as a rule, an official extract (certified by the employer’s seal) or a notarized copy of the original is prepared. One of these documents must be provided to the employee within three days after his written application.

The Labor Code does not contain a direct ban on the issuance of work books to employees. But when considering this issue, one must rely on Resolution No. 225, which determines that while a person is registered at the enterprise, the employer bears full responsibility for organizing the work of maintaining, storing, recording and issuing work books. Or rather, official, assigned by order for the enterprise. Therefore, if the work document is lost or damaged during this period, all responsibility will be assigned to the personnel officer. Even if the employee signed in the logbook that he received it. That is, the personnel officer can issue a book, but it is safer to make a copy of it (see Rostrud notification No. 656–6-0).

For the Pension Fund you need to make a complete copy of the labor register. And for other institutions a simple extract from the employment record will be enough; it may be needed:

• when contacting a credit institution;
• for submission to the FSSP, for example, bailiffs may require it when assigning alimony;
• upon receipt of a passport or visa;
• if the employee needs to confirm qualifications.

Methods of transferring a work book to an employee

The employer must hand over to the employee his work book only on the last day of his work at the enterprise with a notice of dismissal included in it. The exception here is when the employee first goes on vacation and quits without going to work. Then the work permit is issued on the first day of the registered vacation.

Both the employer and the employee should remember that if the labor register is not issued on time, the dismissed person has the right to compensation. Labor law regards such a delay as an obstacle to a person’s employment. Compensation will be calculated for each day of delay.

Registration of a work book provides for the affixing of a seal only in the event of dismissal (or reorganization). There is no stamp placed upon hiring.

The second way to issue a labor document when a person has left and does not come for the document is to send a notification to the address indicated in the personal file that he should receive his labor register. It indicates the outgoing number of the document flow letter, the date of sending, and then outlines the essence of the matter. The document is endorsed by the general director of the enterprise.

The notification is drawn up in free form; you need company details and a statement of the essence

It may be noted here that a former employee can consent to the sending of his document by post, but only by stating this in writing (indicating the exact address). You need to send the register by registered mail with a description of the contents and a notification of delivery. An employee of the personnel service has the right to put down all the marks and entries required by law in the book for recording the movement of work records. The fact is recorded by a postal receipt of dispatch and a subsequent notification of delivery. Accordingly, all records provide a link to postal documents.

Please note: in a labor dispute, the court sides with the employer if the company’s internal regulations state that the employee is obliged to promptly (indicating the time frame) inform the personnel officer responsible for document flow information when changing the address of residence. Then any argument (like “I didn’t receive a notification because I don’t live there”) is invalid.

Often HR officers have a question: is it possible to issue a document to a person who came with a power of attorney issued by the owner of the book. The Labor Code of the Russian Federation, as well as other normative acts of labor law, do not provide for such a procedure. And this is logical, since as long as there is an employment relationship between the employer and the employee, the labor register must be kept in the company, and can only be issued on the day of dismissal. This is regulated by Article 841 of the Labor Code of the Russian Federation. But the day after dismissal, all relations with the former employee are regulated not by labor law, but by civil law. And it follows from this that, based on Article 185 of the Civil Code of the Russian Federation, a person has the right to determine an authorized person to receive the document. The former employer must issue him a work book, but only if all the conditions are met:

• the power of attorney is certified by a notary (in accordance with Article 185 of the Civil Code of the Russian Federation);
• the power of attorney contains full information about both parties - full name, passport details and address of residence;
• the authorized representative presented the original passport for identification;
• the power of attorney indicates the specific actions for which it was issued (in our case - to obtain a work permit from a specific company, sign for receipt in a journal, a T-2 card, make sure that it is correctly executed, etc.);
• The power of attorney contains the date of issue and its validity period. Without the first requisite, the paper is invalid (see Article 186 of the Civil Code of the Russian Federation). If a specific period is not specified, it is valid for one year (the maximum validity period of the power of attorney is 3 years).

The main thing is that the power of attorney is properly executed

Plus, in this case, it is necessary to take a receipt from the recipient for receiving the labor document, where it should be noted that there are no claims on his part regarding the registration of the book.

The HR employee must check all documents from the recipient, record his passport details and endorse the receipt

Actions when an employee refuses to pick up a work book

The algorithm of steps in the case when an employee does not want to pick up his work book may be as follows:

1. If on the last working day a person flatly refuses to endorse HR document forms and receive a work permit, a report about this is drawn up. Two witnesses are enough to confirm this fact with their signatures.

   The act must be signed by the initiator and witnessed by two employees

2. The personnel officer must still send a notification to the employee with a reminder that the Labor Code of the Russian Federation obliges the employer to issue him a work book and that he has the right to pick up the document both in person and by mail, but this requires his consent. It is worth noting that after this notification, demands for payments for delays in the book will no longer be valid.

   When notifying the employee about the need to obtain a book, give him options

3. After this in internal documents refusal marks are given.

Video instructions: issuing a work certificate upon dismissal

Rules and terms of storage of work books

It is clear that a person’s main work document should be stored in a place inaccessible to outside interference. It is advisable that it be a fireproof cabinet or safe. Restoring the seniority of even one employee, believe me, is a very difficult process.

If the work document was not claimed shortly after the employee’s dismissal, it must be kept in the archives of the enterprise until it is reclaimed, and only after 50 years can it be disposed of.

How and to whom is a work book issued in the event of the death of an employee?

Issuing a work permit to the relatives of a deceased employee is an important issue, since this is compensation payments from the enterprise, receipt by relatives of part of the funded pension, etc.

Here one should rely on the Labor Code, where Article 83 states that the death of an employee is one of the grounds for unilateral termination of an employment contract. To issue an appropriate order, you need a person’s death certificate or a court decision according to which he is declared missing or dead. Only original documents can be accepted.

For the order, only form No. T-8 is used; you can download the document using the hyperlink. The order must contain the following information:

1. Company name (full).
2. The serial number of the order (according to the numbering adopted by the company) and the date of its preparation.
3. The period of validity of the employment contract is from the moment of conclusion to the day indicated on the death certificate.
4. A note indicating that this is precisely the termination of the employment contract. In this case, the wording “dismiss” should be crossed out with a thin line.
5. Basic data of the former employee - full name, personnel number, department where he was registered, position, etc.
6. The basis for termination of the contract is clause 6 of part 1 of Article 83 of the Labor Code of the Russian Federation.
7. Details of a person's death certificate.
8. Director's visa with transcript.

The order on form T-8 is slightly different from the standard dismissal order

After issuing and registering the order, the personnel employee begins to draw up the work book, transferring its details and wording to the register. The entry is formulated as follows: “The employment contract was terminated due to the death of the employee.”

The regulatory regulations for issuing a work book for a deceased employee are enshrined in Part 37 of Section IV of the Decree of the Government of the Russian Federation “On Work Books”. It states here that the work permit can only be issued to a relative of a deceased employee. His identity must be identified. For example, if a wife receives a work permit, in addition to her passport, a marriage registration certificate must be presented. For children, parents, sisters or brothers, you will need a passport and birth certificate. This norm is also specified by the instructions of the Ministry of Labor, which regulates the rules for filling out and storing labor registers.

The same issuance methods apply here:

Please note that the transfer of the labor register to a relative must comply with all other procedural points, including:

• familiarization with the order to terminate the contract (with the deceased);
• endorsement of the fact of receipt of the book in the accounting journal;
• providing a receipt for receipt.

If several relatives are applying for a work record book (and compensation), it should be noted that the personnel officer is not required to understand the degrees of relationship. It is recommended to simply issue the register to the first person who comes and registers their right accordingly. Subsequent applicants for obtaining a work record are simply issued a certificate indicating: the date, full name of the person who received the document, and the grounds on which the work record was issued to him.

When is an act of acceptance and transfer of work books drawn up?

An act of acceptance and transfer is needed when cases are transferred from one employee to another. You can’t just give away such important documents. A full-fledged act must be drawn up indicating the register of labor documents with numbers and a description of their condition. If possible, it is recommended to check the correctness of personal labor registers at this time. The fact of transfer of documents by a specially created commission of three people is recorded.

The rules for registering, maintaining and issuing a work book are strictly regulated by labor law. But not every question and life situation has an answer there. On this issue, the personnel officer, in addition to the basic regulations governing the maintenance and responsibility for labor registers, needs to know several connections with Civil Code RF, and also take into account the comments of the Ministry of Labor.

A work book is the main document that reflects information about all places of work of a citizen. This document is created upon first employment.

How to get a work book

Exceptions are cases when, at the request of a person, a work permit is issued to him for the purpose of submitting it to government bodies, in particular the Pension Fund.

Application for registration of a work book for the first time: sample

An application for registration of a work permit for initial employment is written in free form. It must include the following details and information:

• Full name and position of the head of the company.
• Full name of the person being employed.
• The text of the application must indicate that the person is entering work for the first time.
• Date and signature.

The application can be written by hand or typed on a computer. It is stored either in the employee’s personal file or in the work movement book.

Statement about the absence of a work book: sample

In the case when the work book is started again because the old one is lost, the application is written in the same form as the previous one, except that the fact of the loss of the work book is indicated.

An employer does not have the right to refuse an employee to obtain a new employment record, and the person does not have to prove that it was actually lost.

In the case when a person gets a job that will be his main one, and at the same time he does not have a work book, the employer is obliged to get him a new one, at his request.