Notice of the need to appear for labor. Sample notice of appearance for a work book. Sample order with a mark of refusal to familiarize

Despite the fact that the work book is one of the most important documents, not all employees are responsible for this. Therefore, they can easily forget the work book from the former employer.

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Often, circumstances develop in such a way that a person simply cannot pick up his work.

But what should the manager do, because the left document must be returned, otherwise the employer faces a serious fine and even compensation to the employee?

What does the law say?

In no case should an employer keep a work book of a dismissed employee for more than 3 days.

If the employee does not pick up the document, the employer is obliged to remind him of this in writing.

To do this, you just need to send him a notification and ask him to pick up the work book.

Normative base

The receipt by an employee of a work book is regulated by such regulations, how Labor Code RF, the Code of Administrative Offenses and the Rules for maintaining and storing work books, manufacturing work book forms and providing employers with them, approved. fast. Government of the Russian Federation dated April 16, 2003 No. 225.

In what cases is it required?

The work book must be handed over to the employee on his last working day ().

But there are situations when the employee cannot or does not want to pick up the document. While keeping a work book for an employer can turn into serious problems.

The first thing HR should do is send him a written notice. And already on the basis of this document, decide what to do with work book.

Termination of the employment contract

The employee must be given his work book with the corresponding entry made in it (Article 84 of the Labor Code of the Russian Federation).

If the employee did not appear on his last working day and did not pick up the document, the employer must immediately send him a notification.

In this case, the notification must be sent in such a way that later it can be confirmed that it was sent.

To do this, you need to make an inventory of the attachment and take care of the notification of receipt of the letter.

Dismissal of a convicted worker

What to do if the employee was convicted of a crime and he was dismissed on the basis of a court verdict, but the work book remained with the employer?

It must be returned to the owner, even despite his position. In general, the legislation provides for sending a notice to a correctional colony.

The convicted employee must either agree to send the document by mail, or to receive it by a labor proxy.

But this will require a notarized. In the case of a convicted employee, such a power of attorney can be certified by the head of the colony (Article 185 of the Civil Code of the Russian Federation).

The worker was drafted into the army

If an employee, an employment contract with him automatically ceases to exist (Article 83 of the Labor Code of the Russian Federation). This means that he can get his work book in the manner prescribed by law.

If the employee did not pick it up within the statutory period, the employer sends him by registered mail notification of receipt of the document. If the owner cannot pick it up, the document is given to a trusted person.

In connection with death

Relatives have the right to receive the document of the deceased employee.

They can do this in person by leaving a receipt, or by receiving the document by mail.

If no one applies for a work book, the employer is obliged to send a notification to one of the relatives.

The unwillingness of the employee to receive the book in his hands

If the dismissed employee himself refuses to pick up his work book, the employer sends him a letter about receiving the document.

It must contain a clause about sending the document by mail. In addition, he has the right to draw up an act of refusal.

An example of drawing up an act on the refusal of an employee to receive a work book

Issuing a notice of receipt of a work book

How to write such a letter?

To properly complete the document, you must specify the following data in it:

• name and details of the organization;
• Document Number;
• date of creation;
• Full name of the employee;
• the address to which the letter will be sent;
• document's name;
• request to pick up the document;
• an offer to send the document by mail;
• signature official and company seal.

Step-by-step instruction

It is the personnel department employees who are required to prepare a notice of receipt of a work book.

It is drawn up in several copies, one of which is sent by mail, and the second - in without fail must be filed in the employee's personal file.

The document contains all the necessary information and there must be a request to pick up the document.

When writing a letter, it is important to make an inventory of the attachment, so that later there will be evidence of its sending.

It is also necessary that a notification of receipt of the letter by the addressee be received.

Sample and form

The special form of this document is not approved by the legislation. Each employer has the right to develop their own notification form.

A typical notification pattern usually looks like this:

Notification Example

How much and when should it be done?

According to the legislation of the Russian Federation, a letter of receipt of the document must be sent to the employee no later than the next morning after his last working day.

It is better not to delay this procedure, otherwise the employee can take advantage of such delay and go to court.

And then the employer will have to compensate all the time when former employee was without a work book and could not get a job.

Ways to send a document

Notice to an employee can be sent by mail.

In no case should you send along with the notification and the work book:

• firstly, this can be done only with the consent of the owner of the document;
• secondly, the work book can be easily lost.

The letter should be sent by registered mail and ensure that a notification is received that the addressee has received it.

Then, in court, the employee will no longer be able to prove that he did not receive anything.

Removal of responsibility from the employer

As soon as the employer sends former employee notification of receipt of the work book by registered mail, he is relieved of responsibility for the delay in the document.

Also, the employer ceases to be liable after drawing up an act of refusal.

When to send a work book?

An employer can easily send a document by mail only if its owner has agreed to it.

Often, a document is sent when an employee cannot pick it up for good reasons. This may be a move to another city, etc. To do this, the employer must go to the nearest post office and send a work book by registered mail.

Often relatives of an employee come to get a work book. This is especially often done by the wives of those who were fired for violating labor discipline.

But the third party must have a corresponding written power of attorney. Without it, the transfer of a work book even to the closest relative is considered illegal.

In addition, if the document is received by an authorized person, then he should put a personal signature and indicate the details of the power of attorney.

Often personnel officers a copy is made of the power of attorney and sewn into the personal file of the dismissed employee.

In what cases is a waiver issued?

If the employee is not going to pick up his document, the employer has the right to create a refusal document.

This is necessary so that the owner of the document cannot subsequently demand compensation from the employer through the court. To do this, you must have several witnesses who can confirm that the employee did not take the labor.

There is no established form of the act, so it can be written in any form.

If an employee has done something against the employer illegal actions, testifying to his unwillingness to take his document, they are also described in the act.

06.09.2019

After termination employment contract the employer issues to the resigned employee all the documentation that relates to the maintenance of his professional activity in this organization.

Under certain situations, citizens do not have the opportunity to pick up these papers.

In such cases, the management of the company sends a notification to the address of the former employee.

In what cases is it made?

Despite the fact that the work book is a rather important document, not every citizen who quit his job seeks to pick it up on time. This may be due to various circumstances.

It is important to note that the obligations of the employer include the prompt issuance of labor. Specifically, within 3 days from the date of dismissal.

What to do in a situation if a former employee simply does not show up for a document? It is for such cases that the appropriate dismissal is provided.

If, after the expiration of the period established for the issuance of labor documentation, the resigned employee did not come for a book, the management of the enterprise must issue and send a special notification.

The purpose of sending it is a reminder of the need to pick up the document.

The topic of sending notifications should be given special attention. This need is due to the fact that in case of violation of the deadlines for issuing documents established at the legislative level, the employer faces a fine.

In order to avoid questions from the authorities conducting inspection activities, it is necessary to send a notification in such a way that the employer has confirmation of the fact of sending it.

For this purpose, it is best to send an alert by registered mail with a description of the contents.

In addition, care should be taken to receive a notification confirming that the citizen received the notification.

It is also worth considering that in some situations a representative of a dismissed citizen can pick up a labor.

For example, if he was drafted into the army or sent to prison.

A prerequisite for this is that the representative of the resigned citizen has a power of attorney drawn up in an appropriate way. Upon receipt of written consent to this action, the labor can be sent by mail.

How to arrange if necessary to pick up the document?

A notice of this type is issued in a free form. Unified sample for its preparation regulatory documentation not provided.

When writing a text, it is important to follow the generally accepted rules of document management in the company.

If available, you can use the letterhead of the organization to write.

The document structure might look like this:

In most cases, the execution of notices of this type is carried out by employees of the personnel department, because it is these specialists who are responsible for processing the labor documentation of employees.

The notification must be made in 2 copies. The first one is sent to the addressee, the second one is filed into it.

The main way to send a notice is by mail.

It is important to consider that sending a work book immediately with a notification document is strictly prohibited.

This action may be considered a violation. It is possible to send labor only after obtaining the written consent of the employee.

It is important not to forget and make sure that when the notification is received by the addressee, the company receives a corresponding notification.

With such a paper, the employer will be able to prove his innocence in court proceedings.

Download sample for receipt

Download an example of a notice of the need to appear and pick up a work book after dismissal -.

Useful video

The procedure and terms for notifying an employee of the need to obtain a work book are described in this video:

Proper documentation is essential. Usually, if one or another paper is written incorrectly, it may simply not be accepted in various services, and indeed it will lose its validity. Therefore, it is important to know how to properly write this document will be presented next. There is really nothing difficult or special about this process. It is enough just to follow some tips and tricks. Then it will turn out to write the paper correctly. Accordingly, it will be valid. So what should you pay attention to? What features will every citizen have to learn about?

Main types

To begin with, it should be understood that the type of notification plays an important role. A lot will depend on it. General rules spellings are preserved, but some features will still appear in one case or another.

How to write a notice? A sample of this document will be presented later. Before that, you should study all the relevant information on creating it.

The main types of notifications are:

• on termination of the contract/agreement;
• tax;
• to amend the contract;
• about debts;
• on the provision of services;
• informational.

These are not all types of the studied document. But they are the most common in practice. There is another point to which it is recommended to pay attention.

Types of letters

How to write a notice? A sample of this paper will be presented later. To begin with, citizens should be aware that there are several types of letters. They differ in purpose. And among them you can find notifications. How do they differ from other papers that are sent to the public?

Among the modern documentation are:

1. Notifications. Their purpose is to report the conduct/origin of something. Usually mailing is done in bulk.
2. Messages. As a rule, they serve as information by the sender about the facts suitable for the recipient and the one who sent the document. Usually indicate someone's initiative or serve as a response.
3. Notifications. Such documentation contains information that is important to the addressee. Accordingly, you can get a similar letter on one sheet, and on several with a variety of applications and additions.

Now it is clear what, in principle, are notifications. But how do you write them? What should every sender know about this process, regardless of the reason for sending the document?

Start

So, now you can start writing paper. Important role plays the reason why the document is sent. But this is not a fundamental nuance.

It has already been said that a notification can stretch over several pages and include a variety of applications and other important components. The size of the document depends on the reason for writing the letter.

How to write a notice? The sample (housing and communal services or any organization will be the sender of this document - it doesn’t matter), which will be presented below, is a universal template. By changing it to some extent, it is possible without special work generate and send any notification.

Once the reason is indicated, you can think about how exactly to form the document. The beginning is nothing more than a standard moment that everyone has

In the upper right corner, it is advisable to write information about the sender and recipient (if they were not indicated on a separate sheet). It is also desirable to indicate contacts for communication. What's next? The initial stage has been completed. Now we can proceed to more important nuances.

Fundamental rules

How to write a notice? A sample for certain cases will be compiled a little later. Then, when it will be clear which rules will help to form the document correctly.

As already mentioned, some features will depend on what type of notification takes place. But general principles is still there.

For example, you must adhere to the following rules:

1. In the middle of the sheet at the very beginning of the document, the word "Notice" is written. This mandatory item. Under this word, it is recommended to write the reason for contacting a citizen. For example, "Notice of denial of unemployment benefits."
2. The main text is divided into several parts. To be more precise, two. In the first one they write the reason for contacting the citizen, in the second they give facts, arguments, decisions, evidence and suggestions.
3. All applications, which are often attached to the notification, are drawn up according to certain rules. A link is made to them in the text of the letter, and at the end a list is compiled of everything that is attached with an indication of the number of additional sheets.
4. How to write a notice correctly (a sample document is presented below)? At the end of the paper, information about the performer is required. This is done after the signatures have been affixed. Do not forget about leaving contacts for communication with the performer.

Perhaps these are all the basic rules. But the content of the document directly depends on the reason for which it was drawn up and sent to the citizen. What options are available?

About debts

Often, citizens are faced with notifications indicating the presence of a debt. Such documents are compiled without much difficulty. They are usually sent by the tax office. But if the debt was formed not because of taxes, then you will have to wait for a "letter of happiness" from another company.

How to write a debt notice? The sample body below will help answer this question. Before doing this, it is important to remember that:

• the document is drawn up by the organization to which the money is owed;
• sent as a letter with notification of receipt or handed over to the recipient personally;
• sent a day after the date (time) specified in the contract or established by law, allotted for repayment of the debt;
• notification is sent with a reconciliation act.

Once all of the above nuances are taken into account, you can see how to write a notice of debt correctly. The citizen will receive a letter something like this:

"Notice of the occurrence of a debt. We inform you, Ivanov Ivan Ivanovich, that under contract No. 55555 dated August 25, 2009, for the supply of dairy products, you have a debt to the MolokoPlus LLC company. The total amount of debt as of April 15, 2010 is 200 000 rubles 25 kopecks (two hundred thousand rubles twenty-five kopecks) Before May 30, 2010, the debt must be paid, otherwise, on the basis of the agreement, MolokoPlus LLC will have to go to court.

This is only the first document that takes place in practice. What other notifications and according to what rules are drawn up in certain cases? What should people pay attention to?

Termination of an agreement

For example, you can think about other reasons for the design of the studied paper. How to write a notice? The sample on termination of the contract below shows well how the main part of such a document is written. In practice, it does not occur as often as the option with debt.

The rules that help in this venture are as follows:

• at the very beginning, a clause is indicated for terminating the agreement;
• then the basis on which the contract is terminated is written;
• the time period when the event takes effect is necessarily written;
• if provided, then the conditions for maintaining the agreement are prescribed.

An approximate template would look like this:

"Notice of termination of the employment contract. According to contract No. 4545 of October 8, 2005, clause 5, StroyGrad has the right to terminate the previously concluded agreement with Ivanov Ivan Ivanovich. The action is performed due to the repeated appearance of the employee at the workplace in a state of intoxication. The contract is terminated on 20.11 .2010"

There is nothing difficult or special about it. Typically, such letters take from 1 to several sheets with detailed description circumstances and grounds for termination of the agreement.

Failures

How to write a notice? An example of a refusal, for example, to receive a tax deduction, is presented below. Such a document is usually sent by an organization that provides certain services. There is nothing special or difficult.

In general, the scheme for compiling the document remains the same. The rejection might look something like this:

"Notice of refusal to provide a tax deduction for an apartment. We inform you, Ivanov Ivan Ivanovich, that tax office Leningradsky district of Moscow refuses to provide a tax deduction for an apartment purchased under contract No. 7777 dated March 5, 2015 due to the lack of a complete package of documents and details for transfer Money. We kindly ask you to bring the missing documentation within a month."

Accordingly, notifications about the refusal of any services and actions have a similar form. Are there any other features that a citizen should be aware of?

Rent increase

Yes. In fact, as you might have guessed, there are a lot of notifications. And each document has its own characteristics. How to write a notice? The template for a rent increase is as follows:

"Notice of rent increase from January 1, 2017. Dear Ivanov Ivan Ivanovich, we inform you that from January 1, 2017, the amount of the monthly rent for housing under contract No. (twenty thousand rubles zero kopecks)".

After this message, information is usually written to contact the owner, as well as other important data that allows you to terminate the contract. Nothing special or difficult.

Results

From now on, it is clear how to write a notice correctly. A sample of this paper was submitted in several quantities. The process of drawing up a document does not take much time and effort. The main thing is to correctly prescribe all the features and nuances of the case, as well as the reason for notifying the citizen about something.

Notices are very common in practice. This document is far from the most difficult. If you think carefully about the main part of the paper, then there will be no difficulties with generating a notification.

As of: 04/28/2010
Magazine: Directory of personnel officer
Year: 2010
Author: Andreeva Valentina Ivanovna
Subject: At the initiative of the employer, For other reasons, Temporary transfer to another job, Permanent transfer to another job, Changing the terms of the employment contract, Remuneration
Category: HR records management

Often, HR employees need to provide information to both employees of the company and third parties. Moreover, in most cases it is desirable to be able to confirm that the obligation to provide information has been fulfilled. A notification document can help with this. Even though its creation labor law not provided, personnel officers are familiar with this document. Let's look at the situations in which it is advisable to create a notification and what are the basic rules for its design.

What is a notification, the law does not directly explain. Meanwhile, in some cases, the representative of the employer is required to send a notice about something to certain persons or receive such a notice.

WHEN DO WE CREATE A NOTIFICATION?

The main question that arises among employees personnel service: in what situations is it necessary to notify employees or other persons in writing, and when it is enough to inform them orally?

HR Dictionary

Let's define the main cases when HR employees draw up notifications.

Case one. A notification is created when the Labor Code of the Russian Federation establishes the employer's obligation to provide certain information to an employee, an elected body of a primary trade union organization, or another person. At the same time, the Labor Code of the Russian Federation uses several designations for cases in which it is required to issue a notification. So, the employer in certain situations must “notify”, “inform”, “notify”, “warn” the employee or other person about something, and the reference to writing The formalization of such actions is not always done in the law. The obligations of the employer provided for by the Labor Code of the Russian Federation, as well as the content of the notifications, are given in Table 1.

Please note: certain norms of the Code directly prescribe to notify the employee about something “under signature”. It is obvious that in these cases, as well as when the Labor Code of the Russian Federation provides for a “written notice”, “written message”, “written notice” and “written warning”, the execution of the corresponding document is mandatory. In other cases, there is no reference to the written form of notifications, but in practice, personnel officers prefer to inform employees or other persons in writing so that the employer has documentary evidence of the fulfillment of his duties.

Second case. Obligations of the employer to send certain information to the authorities state power or to local governments federal laws. The main cases in which the employer is required to notify the relevant organizations in writing about something are shown in table 2.

Case three. Notifications can also be sent to employees in cases where situations arise during the employment relationship that are resolved “with the consent of the employee” or “by agreement of the parties” of the employment contract.

In the article “Document: Application”, we noted that in such cases, the employee does not need to fill out an application, since we are not talking about the employee’s request for the employer to take any action. The parties to the employment relationship must record the consent of the employee to something or the agreement of the parties, and this can be done as follows.

Note!

In most cases, the Labor Code of the Russian Federation requires that the consent of the employee be expressed in writing.

1. It is necessary to notify the employee about the possibility or the need to perform certain actions, as a rule, aimed at changing the conditions, certain parties employment contract;

2. Obtain the employee's consent to such a change (or record the employee's refusal).

The situations in which the consent of the employee is required, as well as the content of the notices, are listed in tables 3 and 4.

It is desirable that the cases of creation and the rules for issuing notifications sent to employees and other persons are recorded by the employer at the local level, for example, in the Instructions for personnel office work (Annex 1).

RULES FOR PREPARING AND ISSUING NOTIFICATIONS

Notices issued by HR employees can be divided into two groups.

Notifications sent legal entities and citizens who do not work in the organization

Such notifications are made on the form of a letter. Design rules official letters we reviewed in the previous issue of the "Handbook of the Personnel Officer", so we will not dwell on them.

Notifications can also be made out on a standard sheet of paper and sent to the addressee with cover letter (Appendix 3). This method of registration is most often used when there is a mandatory or recommended form for sending information.

Notifications sent to employees of the organization

To draw up such notifications, the employer can develop a notification form that contains the details: the name of the organization and the name of the type of document.

The name of the organization is indicated in the letterhead in strict accordance with the name enshrined in founding documents, including the abbreviated name and the name on foreign language. If there is an abbreviated name of the organization, the full name is indicated first, and then, below or after it, the abbreviated name (in brackets).

The name of the type of document is indicated on all official documents, except for letters. The name of the type of document is written after the name of the organization in capital letters, for example: NOTICE.

The notification form indicates the location of the variable details: the date of the document and its registration number.

As a rule, the details of the notification form have a corner location.

date notification shows the time it was signed. The date of signing, as well as the dates contained in the text of the notice, are digitalized. Date elements are given in Arabic numerals in one line in the following sequence: day, month, year. The day and month are written as two pairs of Arabic numerals separated by a dot, and the year is indicated by four digits, for example: 03/15/2010. After writing the date numerically, the letter “g” with a dot or just a period is not put, except when the sentence ends with the date.

A verbal-numeric way of designing the date is also allowed, in which after the numbers denoting the year, the letter “g” with a dot or the word “year” is necessarily written, for example: March 15, 2010 or March 15, 2010.

Registration number Is it digital or letter designation, assigned to each outgoing (sent), internal and incoming (incoming) document during its registration. Registration of documents is carried out in accordance with the indexation system adopted by the organization, which is based on the serial number of the document. Depending on the type of document, other components may be added to the serial number. For example, when registering notifications, alphanumeric indexing can be used: 111-y.

The notification contains the following details: addressee, title to the text, text, signature.

Destination. Notification is an internal document that is addressed to an employee working in an organization. When the details of the notification form are located in the corner, in the upper right corner are indicated: name structural unit, where the employee is listed, the name of the position (profession, specialty), his surname and initials (in the dative case).

Recall that in notifications drawn up on letterhead, information about the addressee is filled in according to other rules.

For quick and accurate perception of the information included in the document, it is customary to briefly formulate its content in the form heading to text. The title should be concise and accurately convey the content of the text of the document. The heading is grammatically consistent with the name of the type of document and in notifications usually begins with the preposition "about" or "about".

Notification text contains information about labor relations, which must be provided to the employee in cases specified by law. Features of the content of some notifications issued by personnel officers are presented in Table 4.

The notification must be signed by the head of the organization or other authorized person. Included in the props "Signature" includes: the name of the position of the person who signed the notification, personal signature and its transcript.

DOCUMENT MOVEMENT

For all documents that require registration, execution and use for reference purposes, registration is required. This is the name of the record of credentials about a document in the prescribed form, fixing the fact of its creation, sending or receiving (GOST R 51141-98 "Office work and archiving. Terms and definitions", approved by the Resolution of the State Standard of Russia dated February 27, 1998 No. 28).

Notices are registered on the day of signing. Registration forms are developed by the employer. To register notifications, they usually use:
1. A journal intended for registration of outgoing documents (for notifications issued on a letterhead and sent to other organizations and individuals).

2. Journal intended for registration internal documents(for notifications sent to employees of the organization). This may be a register of several types of internal documents or a form intended only for registering notices addressed to employees.

After registration, a notification sent to an organization or to an individual, is sent to the recipient. It can be done different ways: mail, fax, e-mail. Postal items sorted, packed, processed and handed over to the post office.

The employee must be familiar with the content of the notice. A familiarization visa serves as a written confirmation of the fact of bringing the notice to the attention of the employee. It begins with the words “I have read the notification” and includes the name of the employee’s position, his personal signature, its transcript and date.

Notices addressed to employees are drawn up, as a rule, in two copies. This allows you to hand over one copy to the employee, about which a corresponding note is made in the familiarization visa: “Received a copy of the notification.”

In the familiarization visa, the employee may also reflect his decision on the merits of the information contained in the notification. This form of written consent of the employee (Annex 4) or his refusal (Annex 6) greatly simplifies various personnel procedures, since it does not require additional documents.

Executed documents, including notices, are processed for subsequent storage. A certified copy of the notice sent by mail is filed in the file (Annex 10). If the notice was drawn up in two copies, a copy of the employer is filed into the case (with a note from the employee that he received his copy).