Art. 62 of the Labor Code of the Russian Federation. Issuance of work related documents and their copies and liability for violation
Labor legislation obliges the head of the company to issue to the employee documents related to the performance of the latter, as well as copies of them no later than three working days after the citizen submits the application. In addition, the necessary paper must be certified by the signature of the head and seal of the institution and provided to the subordinate free of charge. How this happens in practice will be described in this article.
What a citizen needs to know
Every employee of the company who would like to receive the documents related to his official work, as well as their copies, must hand in a request to the personnel department or the head of the application. Papers must be certified by the signature of the authorized person and the seal of the institution.
Norm Art.62 of the Labor Code of the Russian Federation clearly states that the documents related to the employee’s work activities should be provided to him free of charge. This means that the chief does not need to pay money to obtain the necessary papers, and if the latter insists on receiving remuneration, then the subordinate should contact the law enforcement authorities.
Art. 62 of the Labor Code of the Russian Federation confirms that the documents issued to the employee must be certified. Therefore, the presence on them of the signature of the head of the organization or specialist personnel department is required. Also on the documents issued to the employee should be the seal of the enterprise.
So, the employee left the company and he needs a certificate of wages, as well as a copy of the order to terminate his official activities. In this case, according to the norms of art. 62 of the Labor Code of the Russian Federation, a person must compile a statement and submit it to the employer. The latter must accept it and issue the necessary documents to the citizen within the period established by law.
The statement here is made up as follows:
The head of the organization ______________________
from citizen ________________________________
I ask you to provide me with a copy of the order of dismissal from your position, as well as a certificate of salary for the last three months.
Ground of decision: ст. 62 of the Labor Code of the Russian Federation.
Citizen Signature _________________
If the employee continues to carry out official activities in the organization, he can take the finished form in the personnel department and write a statement. But even in spite of this, the subordinate must get his hands on the work-related document in the proper form, i.e. stamped and signed by the manager within the statutory period of time. This is evidenced by Art. 62 of the Labor Code of the Russian Federation. A sample application here will be the following:
Head of the company ______________
from the subordinate ______________
On the basis of the norms of the current labor code, I ask you to provide me with a certificate of monthly income for the past six months, which is necessary for obtaining a loan from a bank.
In the event that a citizen has not received any response to the application for the issuance of the necessary documents related to his official activities, he has the right to file a complaint with the prosecutor's office and even to the court.
In the Administrative Code of the Russian Federation spelled out liability for violation of Art. 62 of the Labor Code of the Russian Federation. Sanctions here can be in the form of a warning or a fine.
Accordingly, if the documents are not issued through the fault of the director or the head of the personnel department, then they will have to pay money from personal savings. The penalty for an official here is from one to five thousand rubles. For an enterprise, the amount is more impressive - from thirty to fifty thousand.
The head of the organization is obliged by the written request of the employee to provide him with documents related to the performance of the latter, in the period prescribed by the TC. Such papers must be certified by the seal of the institution and the signature of the authorized person, as indicated in the norm of art. 62 of the Labor Code of the Russian Federation. It is impossible to disagree with comments to it. Because the manager is obliged to provide the employee with documents related to the performance of the latter, but only if the corresponding statement was submitted to the subordinates. This is indicated by the current norm of the labor code. The employee also has the right to ask the employer for the characteristics required to participate in the competition for the replacement of another position.
The citizen resigned from the organization and registered with the employment center to find suitable work.In order to receive a small allowance, he needed a certificate of average income from his former job position, but after a written appeal to the former chief, he was denied receipt of such a document and was forced to go to court with a statement.
It follows from the case file that the employment relationship between the citizen and the head of the enterprise was terminated by mutual agreement. After that, the former employee appealed to the director of the organization with a written request that he give him a certificate of the average salary for the last three months. But was refused for unexplained reasons. The court ruled in favor of the former employee. Help he was given in the accounting office at the same place of work. The director of the company was held accountable for non-compliance with the norms of the Labor Code.
In accordance with the current legislation, the head is obliged to provide the citizen with documents related to employment, no later than three working days after the written appeal of a subordinate. This is evidenced by Art. 62 of the Labor Code of the Russian Federation. Judicial practice here is ambiguous, but in most cases the processes are won by employees whose interests were violated by the management of the organization.
Despite the fact that the employee has the right to receive from the employer the necessary documents related to his official activities, the head of the organization may refuse him if these papers contain confidential information or state secrets, as well as personal data of other persons. In practice, this is not uncommon. However, the majority of subordinates only ask for orders for employment and dismissal, as well as certificates of average income during their work activities.