When an employee asks to hand over the original work book, an employee of the personnel department may find himself in a difficult situation. To issue or not to issue? And if you issue it, then how to arrange it, and who will be responsible if the document is lost?
Instructions
Step 1
In accordance with the rules established by law, the issuance of work books to employees is not allowed. An employee can receive his work book only in two cases: on the day of dismissal or when transferring to another job in another organization.
Step 2
The employer is fully responsible for maintaining and safeguarding work books: he is obliged to make entries in them in accordance with the current rules, create suitable storage conditions (in a safe), keep a work record book, and so on.
Step 3
Article 62 of the Labor Code of the Russian Federation establishes that the employer is obliged to issue, upon written application from the employee, a certified copy (or extract) of the work book no later than three days from the date of application.
Step 4
In most cases, a photocopy taken from a work book is enough for third-party organizations, but situations arise when they may require the presentation of the original (often such a conflict arises when processing documents in the Pension Fund). If you issue an employee with his work book against a receipt, the responsibility will still remain with the employer.
Step 5
In this case, it is recommended to send the original work book directly to the Pension Fund (and not transfer it through the employee). In this case, it is necessary to take from the employee of the fund a receipt confirming the fact of transferring the employee's work book to him.
Step 6
In certain situations, a third-party organization can arrange a photocopy of a work book, certified not by the employer, but by a notary. An employee of the personnel department can negotiate with the employee the conditions under which the organization will pay for the services of a notary for certification, and the employee then compensates for the cost of these services. But even in this case, it is not an employee who should certify a copy of the work book (that is, be present at the notary office), but an employee of the personnel department.
