The situation when the employer does not want to give the work book after the employee's dismissal is far from uncommon. The reasons may be different, but this clearly violates labor laws and is punishable by law.
In accordance with article 84.1 of the Labor Code of the Russian Federation, you are obliged to give you a work book and other documents stored in the personnel department on the day of dismissal. The last working day is considered the day of dismissal. If on a given day there is a day off or an all-Russian holiday, then you must return the work book, as well as all other documents and full payment on the eve or not later than the next day after the last worker. You must not only return all documents, but also pay current wages, compensation for all days of unused vacation and other amounts due to you (Article 140 of the Labor Code of the Russian Federation) If the employer has not issued the calculation and documents on the indicated days, then you have the right to contact the labor inspection, court or prosecutor's office (Article 353, 391 of the Labor Code of the Russian Federation). Submit an application to any authority, describe in detail the situation. In accordance with article 26 of the Federal Law 2202-1 "On the Prosecutor's Office", the employer, without giving the work book in due time, deprives you of the right and freedom to work, and this is unacceptable according to Russian law. After considering your case in court, labor inspectorate or in the prosecutor's office, the employer is obliged to pay you a penalty for all days of late payments for payment of wages and compensation for leave, as well as a penalty for those days that you could spend looking for work or labor activity. Penalty for late payment of wages and compensation is 0.1% of the amount owed for each day of delay. Compensation for late issuance of a work book can be equal to your average daily earnings multiplied by the number of days the work book was delayed. The employer will be issued an administrative fine for non-compliance with the legislation of the Russian Federation. The fine for individual entrepreneurs is 5 thousand rubles, for legal entities - 50 thousand rubles. Also, by a court decision, the work of an enterprise can be stopped for up to 90 days (Article 5.27 of the RF Code of Administrative Offenses). Do not delay contacting the labor inspectorate, court or prosecutor's office, since the limitation period is 3 months (Article 392 of the Labor Code of the Russian Federation).
