What certificates must be given upon dismissal? What documents are issued upon dismissal?

Regardless of who the employee worked at the enterprise, for what reason, and when he was dismissed, the procedure for issuing him all the necessary documents must be followed. Documentation of an employee's dismissal must also be clearly documented in accordance with current labor laws. Therefore, it is important to know the rules for preparing documentation and papers during the dismissal procedure, as well as to provide the dismissed person with all the documents to which he is entitled, in accordance with regulations. They include work books, orders, pension certificates, medical records, certificates, etc.

Documents upon dismissal of an employee

When terminating an employment contract, there is a certain list of documents that every employer is obliged to correctly draw up and hand over to the person being dismissed. There are also those that are issued upon request, but the employer has the right, on his own initiative, not to issue them if he has not received a request for these documents.

Why does the legislator approach the issue of timely issuance of documents to the dismissed person so strictly? The fact is that he may need them for a new job, or for registering with the labor exchange. Therefore, Article 84.1 of the Labor Code obliges the employee to be given a work book (if available, a sanitary or medical book) on the last day of his work, along with a payment, since these are the documents he may need for a new job.

At the same time, the employee is not deprived of the right to request from the enterprise all duly certified copies of documents related to his work. And the employer must issue the requested documents within three working days. For example, copies of all orders regarding a given employee (on his hiring, transfer, dismissal), extracts and certificates related to wages, a certificate of paid insurance premiums for this employee, pension certificates, etc.

If an employee at a given enterprise has begun his working career, the employer must issue a pension certificate for him. Further, upon subsequent employment, the employee himself must provide the specified insurance certificate to the company. That is, the first employer of this employee must formalize it, but subsequently this document must be kept by the employee himself. The law sets a deadline for submitting documents for registration of a certificate (a questionnaire filled out in the employee’s own handwriting) - two weeks from the moment an employment contract was concluded with a young specialist.

The procedure for issuing a certificate can also take about three weeks. Thus, all processing takes on average from a month to two. Therefore, there are often cases when a young specialist leaves the enterprise without having yet received the specified certificate. But the employer, in any case, even after his dismissal, must issue him this document after it is ready. This is done by sending a notice to the former employee about the need to appear in person for a certificate.

What documents need to be completed when dismissing an employee?

When preparing documentation before terminating an employment contract, it is important to consider the reason for it. For example, when terminating an employment relationship with an employee at his request, the list of documents is noticeably smaller than, say, during the liquidation of an enterprise, or when dismissal under an article. The main difference is the documentation used to dismiss an employee. If this is a dismissal for absenteeism, then before ordering the dismissal of a negligent employee, the employer needs to competently draw up all possible acts and collect explanatory notes from the employee. And when dismissing by agreement of the parties, there must be a written agreement on the dismissal of the employee precisely according to this wording.

So it turns out that it seems that there is only one document that is a direct basis for dismissal - and this is an order, but in the order itself there should be different wording, depending on the reason for the termination of the employment relationship. In addition to the order, all documentation preceding the dismissal must be available, which served as a direct reason for terminating the employment contract with the employee.

Consider the case of liquidation of an enterprise

So, in order to dismiss someone due to the termination of the organization’s activities, the owners must first make a decision on such liquidation, or there must be a reasoned court ruling on the initiation of bankruptcy proceedings (if the enterprise in which the dismissed person works is in precisely such a bankruptcy situation) . In addition, the basis for terminating the activities of an enterprise and, accordingly, for dismissing employees may be a government agency’s refusal to renew the enterprise’s license under which it operates, or an extract from the Unified Register about non-extension of the registration period.

Based on the above documents, the person being dismissed must be notified in advance of the upcoming termination of the employment contract due to the liquidation of the enterprise. Moreover, this notice must also be signed by the employee before his dismissal. This is the main package of documents that must be drawn up when dismissing an employee. The employee has the right to demand certified copies of these documents, or to have the opportunity to familiarize himself with them. Completing the documentation that precedes the dismissal is very important, because if the dismissed person goes to court, and in the absence of valid reasons (and therefore, documentation that confirms these reasons), he may demand compensation and reinstatement in his previous position.

What documents are issued to an employee upon dismissal in 2018?

Labor legislation regarding the preparation and issuance of documents in 2018 did not undergo significant changes. The personnel services of the enterprise still need to be guided by the requirements of the Labor Code and other legal acts regulating the procedure and instructions for their registration and issuance. Main documents that must be issued:

duly completed work book;
medical record (must remain with the employee upon dismissal, even if it was issued at the expense of the employer);
document on education (if an apprenticeship agreement was concluded with the employee at this particular enterprise);
certificate of earnings;
copy of the order (on request).

Termination of employment relationships must also be formalized in accordance with the documentation procedure established by law. It is necessary to issue a personal employee card, as well as keep accounting logs.

Separately, many employers have a question about whether it is necessary to issue an employee a certificate of his income upon dismissal. Article 230 of the Tax Code regulates such an obligation of the employer as a tax agent only when an employee submits an application. That is, if an employee has submitted a written request for this document, it must be issued; in the absence of such a request, the employer is not obliged to issue it.

What certificates are issued to an employee upon dismissal?

If the situation with the issuance of work books and medical records is more or less clear and each employer fulfills this requirement of the law without retaining the required documents, then many violations arise with the certificates. And that's why. Article 62 of the Labor Code of the Russian Federation does not establish a time frame when an employee can apply to the enterprise for certified copies of documents and for certificates related to his work and wages. But for the employer, the deadline for responding and issuing certificates is three working days. Failure to issue such a certificate on time is akin to a violation of the law, and such a violation may entail disciplinary sanctions.

Article 84.1 of the Labor Code also provides for the right of an employee to apply at any time, before or after dismissal, to obtain the desired certificate, which, by the way, must be properly certified by the seal of the enterprise and the signature of the responsible person. Moreover, the enterprise must keep a log of their issuance.

Let's consider what certificates may be needed, from those that the employer must issue:

certificate of accrued earnings and taxes paid;
a certificate of paid insurance premiums and the employee’s earnings for the last two years;
certificate of temporary incapacity for work;
income certificate for the employment service.
personalized accounting documents (information submitted in accordance with the approved Pension Fund form).

In addition to the fact that these certificates and data must be issued to the employee upon his request, the legislator also provided for administrative liability for refusal to issue them. This is a fine of 50,000 rubles.

Documents for dismissing an employee

Since, as practice shows, both the courts and the legislator, in most cases, are on the side of the employee, as the more unprotected party to the labor relationship, upon dismissal, you need to prepare all the documents correctly, and also keep a record of all of them in the employee’s personal file. Above we examined the case of liquidation of an enterprise. But there are several more important nuances in the wording when terminating an employment contract, and, accordingly, based on this, it is necessary to draw up personnel documentation even before the dismissal order is issued.

When contracting

If an employee is laid off, he must be notified of this at least two months in advance, as established by the Labor Code. It doesn’t matter whether the employee is at work, or on vacation, or on a business trip (and in this case, you need to be recalled from the business trip, and then given a notice that he is being laid off). Before sending notices to all laid-off employees, the company must issue an order to reduce staff. It is also necessary to carefully check whether the employees who are about to be laid off are not included in the list of those who, according to the Labor Code, have the right to remain at work in the event of an upcoming layoff.

According to the article

If an employee violates labor discipline, or if he does not meet the established qualification requirements for the position he occupies, dismissal documents are still prepared, after which those that belong to the employee are handed over to him on the day of dismissal.

If an employee does not have the necessary knowledge and skills, as well as in case of dismissal for a disciplinary offense, all required calculations must be made with him and a work book must be issued. Moreover, the employee is not deprived of the right to demand from the employer certified copies of all his employment documents, including those for which he was subject to disciplinary action, or copies of the certification results on the basis of which he was dismissed as unfit for work.

The indicated availability of information for the employee makes sense, because he has the right to appeal every document issued to him. And not only in court, but also in the labor service.

So, upon dismissal, the employer gives the employee the following documents:

Employment history;
Medical record (if you have one);
Certified copies of employment documents;
Information upon request of the employee;
Personalized information.

Not everyone knows what documents an employer must issue when dismissing an employee at his own request. The employer, according to Art. 84.1 of the Labor Code of the Russian Federation, must provide the employee with copies of all documents that are related to the work of this employee. This is done within three days after receiving the employee’s written application for the issuance of documents. These are personnel papers, and they are issued by the personnel department.

Also, when dismissing an employee at his own request, the employer must issue him certificates, which can be obtained from the accounting department. They are also issued upon written application from the employee.

Documents that the employer is required to issue

When an employee resigns, the employer must issue him about 10 documents. To understand exactly what documents, you need to understand the procedure for dismissal at your own request.

You must receive a letter of resignation from the employee himself.
A dismissal order is issued in form T-8, then it is signed by the manager.
You need to make an entry in the personal card of the resigning employee.
The dismissal order and the employee’s personal card are presented to him for review. The employee must familiarize himself with them and sign.
The personnel officer must make an appropriate entry in the work book in accordance with all the rules of personnel records management.
The entry into the employment record is endorsed by the manager or other authorized person, and then by the employee himself.
Documents must be issued to the employee on the last working day.

The employer is required to issue the following documents:

work book;
a certificate of the amount of wages and other remunerations for the period of work in form 182N;
other documents upon written application from the employee.

Personnel documents that an employer must issue to an employee upon his written request upon dismissal from work include:

an order for hiring this employee;
orders to promote an employee;
orders to transfer an employee to other departments;
employment contract;
additional agreements, if any;
medical record, if the nature of the work requires it;
dismissal order;
employment history.

The employer must issue not the original documents, but their copies. Only work and medical records are issued in the original.

If the resigning employee is a payer of alimony, then within three days after dismissal the employer is obliged to inform the bailiff about the dismissal. He is obliged to provide the same information to the recipient of alimony. The notification to the bailiffs must be in written, but free form. It must indicate not only the fact of dismissal, but also indicate the new place of work or the address where the resigned employee lives. If the employer does not provide this information within the prescribed period, he can be held liable.

Certificates upon dismissal

The employee must also obtain various certificates from the employer’s accounting department. The resigning employee will need a certificate of earnings in order to present it to the new employer. Based on this data, the new employer will calculate various benefits:

on disability;
for pregnancy and childbirth;
for child care.

The certificate must indicate:

information about the employer;
information about the employee;
employee payments for which social contributions were calculated for the current and two previous calendar years;
the number of calendar days excluded when calculating benefits (days of illness, maternity leave, parental leave).

Another document is a certificate of average earnings for the last 3 months. This document will be needed to register the employee with the employment center as unemployed.
Personalized accounting information. If the employee insists, the employer must give him 3 certificates:

according to the SZV form - M;
according to the SZV form - EXPERIENCE;
Section 3 of calculation of insurance premiums.

These certificates are needed to calculate the employee’s pension. The employee also has the right to request information in order to verify the correctness of the transfer of data to the Pension Fund. Reports in the form SZV-M and SZV-STAZH are generated only for the resigning employee. No other employees are mentioned.

Important! The employer must obtain confirmation from the employee that he has received this personalized accounting information.

This can be done in 2 ways:

you can ask him to sign the employer’s copies;
You can start a separate journal.

Certificate in form 2-NDLF on accrued and paid taxes. The employer is obliged to issue such a certificate to the employee. It contains information not only about wages, but also about all payments for which insurance premiums were calculated, as well as information about the former employer.

This certificate is used at the new place of work if the employee has the right to receive a tax deduction on the basis of Art. 218 - 220 Tax Code of the Russian Federation.

In the “Sign” field you need to indicate:

1 - if personal income tax was withheld from all income of the resigning employee;
2 - if the employee had income from which tax was not withheld.

All documents are issued on the day the employee is dismissed. They can be delivered either personally or sent to the employee by mail. To do this, the employee must write a written consent. All copies of documents must be stamped “true copy” and certified by the employer’s seal. All accounting certificates must also contain the employer's seal. Without this, they do not have their legal force. The employer has no right to delay the issuance of documents. This may be regarded as an obstacle to employment, and the employee in this case has the right to go to court.

What to do if documents are not issued

In Art. 62 of the Labor Code of the Russian Federation states that the employer is obliged to provide his resigning employee with all documents related to his work activity with this employer. Some documents are issued on a mandatory basis, while others are issued upon a written application from the employee.

Documents must be prepared and issued to the employee within three calendar days after submitting a written request. As a rule, the application is written to the head of the personnel department and to the chief accountant. There are no problems with issuing papers.

But it may also happen that the employer does not want to issue documents, citing various reasons. For example, the boss is on vacation and cannot certify copies. This is the most “popular” reason for refusal.

There are no valid reasons for refusing to issue documents to a resigned employee. This is the direct responsibility of the employer, and he has no right to evade it. For evasion, he can be brought to administrative responsibility.

If the employer does not want to hand over the documents, the former employee has two legal options:

write an application requesting extradition in two copies and submit it through the secretary. He will register the paper as an incoming document, write down the date of acceptance and the serial number in the journal. He will indicate exactly the same information on the employee’s copy;
send the application by registered mail with notification and an inventory of the contents. The notice must be given to the employee who receives the mail. He will sign for receipt. This will be considered the fact that the application has been accepted for consideration.

Within three days after receiving the application, the employer must prepare copies of the originals of all documents related to the applicant’s employment. If he does not do this, the employee has the right:

write a complaint to the labor inspectorate;
write a complaint to the prosecutor's office.

You can submit a complaint to these two supervisory authorities simultaneously. They are authorized to conduct inspections of employers regarding violations of labor laws. You can file a complaint:

during a personal visit;
by post;
via the Internet using the official website of one of these supervisory authorities.

Now the most popular way to submit applications from citizens is through online reception desks through the official websites of government agencies. The period for consideration of the application is 30 days from the date of registration of the document. When filing a complaint online, the registration date is the date the complainant received the electronic notification.

In a complaint against an employer, you must indicate the reason for filing it. In this case, it is worth using the following wording: “I ask that the employer be held administratively liable for violating labor laws under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and issue an extradition order to me, in accordance with Art. 62 of the Labor Code of the Russian Federation, documents for the period of my work.” An inspection will be carried out by the relevant supervisory authorities. If such a violation is committed for the first time, the employer may only be given a warning or a minimal fine. If this happens regularly, and the employer has already been held accountable by the inspectorate or the prosecutor’s office, then the amount of the fine increases several times.

Payments upon dismissal

Upon dismissal of one's own free will, the employee is entitled to mandatory and optional compensation. Mandatory ones include those provided for by law. Optional ones include those provided for by local regulations.

When dismissing an employee on his own initiative, the employer must pay him:

wages for the time actually worked before the date of dismissal;
compensation for unused vacation;
disability benefits if the employee falls ill during the period of compulsory service.

Wages for time actually worked are considered for those days in the current month that have not yet been paid, and during which the resigning employee was actually present at work. Vacation compensation is due to all employees who did not have time to use their legal rest days in the current working year up to the date of dismissal. If an employee worked 11 months before dismissal and did not go on vacation, then he has the right to receive compensation in full.

By agreement between the employee and the employer, the employee can go on vacation before dismissal, using the days he has accumulated. If he does not give them time off, then compensation will need to be paid upon dismissal. Optional payments include severance pay, which may be provided for in a collective agreement. Its payment is the exclusive initiative of the employer. But if it is provided for by local regulations, then it must be paid.

The amount of severance pay is also determined by the employer himself. It can be set at a fixed amount or directly depend on the salary of the person leaving.
For example, it may be stated that upon dismissal, an employee (regardless of his position and qualifications) is paid a benefit in the amount of 50,000 rubles. Or you can indicate: “in the amount of three salaries.” All payments must be made on the resigning employee's last working day. This is stated in Art. 140 Labor Code of the Russian Federation. If an employee, for any reason (valid), is absent from the workplace on his last working day, then payments are made no later than the next day. Funds can be issued in person or transferred to the employee’s bank card.

Conclusion

It is the employer's responsibility to provide the resigning employee with the required funds and documents. If you evade its implementation, the employer can be held administratively liable.

Typically, employees request salary certificates from their employers.

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Certificates for dismissal in 2019 are as follows:

About wages.
Certificate of average salary.
2-NDFL.
Certificate of contributions and accruals to the Pension Fund.
Certificate in form SZV-M.

If an employee resigns on the basis of retirement, then it is necessary to issue a certificate of length of service in the form of SPV-2.

General rules

The dismissal process is regulated by the legislation of the Russian Federation, specifically.

In order for an employee to stop working, the document must be signed:

personnel employee;
boss;
those being dismissed themselves.

Based on the Order, an entry is made into the employee’s employment record and a calculation is made. In this case, the entry into the labor record is made in accordance with the exact wording of the Labor Code of the Russian Federation.

The employment contract terminates when the employee’s last day of activity is completed.

According to the dismissal procedure, the employee must receive not only labor and pay, but also certificates.

The legislative framework

Paperwork

In accordance with the rules of the Legislation of the Russian Federation, any company must submit reports to the Pension Fund, and must also provide its employees with copies of documents on individual information, in accordance with Article 11 of Federal Law-27.

Registration of documents in the Pension Fund of Russia is carried out in accordance with the norms defined by law:

SZV-6-1, SZV-6-4 – on deductions until 2019;
RSV – 1, if data on accruals made after 2019 is provided.

The date 2019 was not given by chance; this is due to the fact that many companies do not regularly submit reports to the Pension Fund.

Certificates upon dismissal in 2019

What certificates are issued to an employee upon dismissal in 2019 is already known, now it’s worth understanding the nuances of the process.

The process of providing certificates in any case is carried out according to the following rules:

each document must be presented to the employee against signature;
all certificates are issued even when the employee did not manage to return all the company’s material assets;
all certificates must be issued within 3 days;
even if the employee did not have time to visit the employer’s personnel department, all papers must be sent by registered mail.

At your own request

It also indicates how many days the employee used for sick leave, parental leave, and why the earnings were incomplete.

Sometimes the employer issues 2 certificates:

by annual profit and by the amount of contributions to the Social Insurance Fund;
how many days were wages not paid in full?

About pension contributions

The Pension Fund of the Russian Federation keeps records of every employee of any company. When an employee is fired, he is required to provide a certificate of contributions to the fund.

The document does not require an application from the employee and is issued without fail.

2-NDFL

This certificate is issued on the basis of paragraph 3 of Article 230 of the Tax Code of the Russian Federation. Issued based on an employee’s application. Therefore, if the employer has not issued the document, then it is impossible to take any measures to punish him.

To receive a certificate, you just need to fill out an application. The purpose of issuing the document is that the employee will be able to continuously receive tax deductions throughout the calendar year.

For the employment service

A certificate from the employment center is required if the employee does not plan to find a job for a while, but wants to register with the central employment center.

A citizen can be recognized as unemployed no later than 11 days after presenting documents to the Central Labor Office. You must provide a certificate of average salary for the last 3 months.

All documents are issued upon dismissal in any case.

If the employer refuses this, there may be certain consequences.

This is a suspension of activities for a period of 3 months, penalties in the following amounts:

1000-5000 for officials and individual entrepreneurs;
30,000 – 50,000 for legal entities.

Dates of issue

Within 3 working days after leaving the place of employment, the employer must provide the employee with a number of mandatory certificates. In this case, the employee does not have to draw up a statement.

According to the Order of the Ministry of Labor, this is a salary certificate for the previous 2 years. The employee presents this document to the new place of work.

Income certificates are also issued without the employee writing an application within 3 working days from the date of dismissal.

Accounting

Employment is a certain amount of paperwork. And in the case of termination of the contract, you will also have to deal with a number of papers. But which ones exactly? What documents must an employer provide upon dismissal? Which certificates are always issued, and which are issued only upon request? We will answer these questions below. In reality, everything is simpler than it seems. Having studied the dismissal procedure in detail, everyone will be able to find out what papers they will be faced with.

Types of Relationship Dissolution

What documents must be given upon dismissal? To some extent, the answer to this question depends on the type of termination of the employment relationship.

In total, the following reasons for leaving work are distinguished:

in connection with relocation;
at the initiative of the employer;
at the personal request of the employee;
by agreement of the parties.

In fact, everything is not as difficult as it seems. The most common occurrence is leaving the workplace at the employee's request. What documents should be issued to an employee upon dismissal under similar circumstances and not only? Every employer should understand this. After all, if you violate established labor legislation, a number of problems will arise. In particular, the subordinate will be able to achieve his reinstatement.

Procedure for terminating the agreement

First, a few words about how dismissal occurs. This process raises many questions. Especially employers. There are almost no violations of operations among employees. But management can terminate an employment contract not according to law.

To prevent this from happening, consider the process of leaving work at your own request. In this case, documents upon dismissal must be issued personally to the subordinate.

The algorithm of actions for terminating an employment agreement looks like this:

Submit a letter of resignation. You can write it by hand.
Submit your request to the employer (in advance).
Sign the application. This step is carried out by the employer.
Complete training.
Prepare a dismissal order. Such responsibility lies entirely with the employer.
Make a record of the event in the citizen’s work book.
On the day of dismissal, read the order and sign it.
Get some documents. Upon dismissal, as we have already said, there are not many papers required.
Collect money for time worked.

Ready! After these steps, the employee will be considered dismissed. But what papers must he be given without fail? And what does the employer give upon request/in case of violation of the established rules for termination of relations?

Generally accepted papers

Let's start with the simplest. We will try to find out what documents should be issued upon dismissal under certain circumstances. Let's consider the unspoken mandatory list of documentation.

It consists of the following certificates and extracts:

employment history;
pay slip;
income certificate (form 2-NDFL).

Ideally, after providing these documents, the citizen will be able to safely leave work. But a subordinate’s personal file contains a much larger variety of papers. What more could you ask from your employer? And what should a boss do if an employee violates the dismissal process?

Income

Sometimes citizens leave their jobs, but at the same time they require income certificates for a certain period of time. For example, when contacting banks.

Documents upon dismissal of an employee include some papers that are issued upon request. Income certificates for a certain time are included here.

You can ask your employer for salary statements:

for the last 3 months;
for 2 years of employment in the company.

Everything depends on the desires and needs of the citizen. The request must be submitted in writing. Typically, the period for issuing such certificates is no more than 3 working days. Ideally, the employer can prepare statements in advance and then issue them to the subordinate on the day of termination of the employment relationship.

Insurance

But this is just the beginning. A variety of documents are issued upon dismissal. Some of the documentation is familiar. It doesn't raise any questions.

It is worth paying attention to the fact that subordinates can demand from their employers almost all certificates from personal files in their name. Statements of insurance deductions are also important.

In 2017, you can demand from your boss:

reporting on insurance transfers;
form SZV-STAZH;
extract from SZV-M.

Moreover, the second and third certificates appeared in Russia quite recently. SZV-STAZH must be given on the day of leaving work, and the employer must produce SZV-M 5 days after the former subordinate made a corresponding request in writing.

Orders

What else do you sometimes encounter? What documents are issued upon dismissal? All of the previously listed papers can indeed be requested by former employees. Moreover, as practice shows, it is possible to make a corresponding request at any time during the existence of a company. Even after a person is expelled from the workforce.

What documents are issued upon dismissal? The list can be supplemented with the following orders:

about hiring;
about promotion/demotion;
about transfer to other departments.

A person can also ask for a dismissal order. This is a normal phenomenon, although it is extremely rare. Usually, a work book with a corresponding entry is enough for subordinates.

Agreements

Go ahead. Despite the fact that the previously listed papers form a very impressive list, the question asked has not yet been finally resolved. What else do employers ask when terminating an employment relationship?

For example, it is allowed to request the following documents upon dismissal:

employment contract;
additional agreements with the employee.

In practice, these papers are issued extremely rarely. After all, few people will request a full package of possible certificates from the employer when terminating an employment contract.

Medical book

The list of documents issued upon dismissal is varied. It is supplemented in some cases by a medical book. It is sometimes called sanitary.

Not all subordinates are faced with this paper. As a rule, the boss is obliged to issue a medical card if the person was initially required to present it for employment. It is prohibited to take away such a document.

Accordingly, if the position of the dismissed person does not provide for the provision of a health book to the employer, then upon leaving work they will not be able to issue it to the former employee due to the absence of this document from the employer in principle.

Important: the boss does not have the right to make any entries in the medical record. The document is issued on the day of termination of the employment relationship.

Other

But that's not all! What documents are given to an employee upon dismissal? We have become acquainted with the main list of relevant papers. But it is not yet exhaustive. It is allowed to request various types of extracts from your previous place of work. They must be related to the applicant and the conduct of work.

For example, a former subordinate has the right to receive the following documents upon dismissal:

accident reports;
orders of reprimands or other penalties;
other papers related to work activities.

As practice shows, in real life employees do not ask for such documentation. After all, the bulk of certificates related to the work activity of a subordinate indicate certain shortcomings. They are usually carefully hidden. Not always, but very often this is the case.

Person data

Documents upon dismissal of an employee are issued, as a rule, after submitting relevant requests. We have already become familiar with the list of papers given without unnecessary red tape. But all the previously offered information does not fully disclose the topic being studied.

Since 2006, a subordinate can request from his boss any records containing the applicant’s personal data. For example, such statements may include awards, merits, information about participation in certain events.

In case of violation of the procedure

The list of documents issued upon dismissal is still not completed. After all, situations are different. And depending on the circumstances, the employer will issue one or another documentation.

Sometimes problems arise with the transfer of certain mandatory certificates. For example, a subordinate refuses to pick up a work book or does not apply for payment. What to do in this case?

Any violations of the procedure for terminating relations with a subordinate include:

drawing up relevant acts;
sending notifications about the need to obtain certain certificates.

In fact, everything is simpler than it seems. Acts of refusal to receive this or that documentation are ideally not issued to a subordinate. They must be kept by the employer in the employee’s personal file. In addition, in exchange for notifications of receipt of documents upon dismissal, the boss must receive relevant certificates. They serve as confirmation that warnings have been sent to the dismissed person.

Agreement of the parties

We have already studied the documents for voluntary dismissal. In some cases, the initiative to terminate an employment contract comes from the employer. Under such circumstances, the package of certificates being studied is no different.

Otherwise, you will have to prepare documentation if the termination of the employment contract with the company is terminated by agreement of the parties. What happens in this case?

The employer and his subordinate enter into a severance agreement. The corresponding contract can be issued to the dismissed person. This is normal.

Issue rules

We found out what documents are issued upon dismissal. But not everyone understands how to format them correctly.

The majority of papers are issued in the original. Such certificates include:

extracts in form 2-NDFL;
medical book;
work book.

All other documentation is sometimes issued in the form of copies. This is normal, but only if certain design rules are followed. What is it about?

All copies of documents that are issued to the dismissed person must be marked as “Copy is correct.” Without it, the document has no legal force. The exception is originals of certificates in established forms.

About the period of issue

What documents are needed upon dismissal? For the employer this is:

dismissal order;
termination agreement;
subordinate's work record;
medical book (for some positions);
documents on the income of subordinates.

In order to resign, an employee only needs to submit a statement in the prescribed form. After this, the process is considered started.

How long do I have to wait for this or that documentation to be provided? It all depends on what kind of paper the employee asked for.

The following principles apply most often:

On the day of termination of the relationship, they are issued: a work book, a health certificate, and form 2-NDFL.
statement for accounting.
Income certificates for a particular period are issued within 3-5 days.
It is customary to hand over statements of insurance payments on the day of termination of the contract with a subordinate.

In fact, everything is not as difficult as it seems. And it’s easy to remember documents when leaving. The main thing is to pay attention to the certificates that are required to be issued to subordinates. And also remember that the employee can demand from the employer any extracts with his personal data.

Conclusion

We saw what documents are issued upon dismissal. The list of relevant papers looks impressive. And not everyone is able to remember it.

As already mentioned, it is important to pay attention to the mandatory certificates given to subordinates when leaving work. After all, these are the documents that people most often need.

Upon dismissal, the employer is obliged to provide the employee with a whole package of documents. We will compile an exact list of documents required for issuance and tell you who prepares them and how to issue them correctly.

SEVEN MANDATORY DOCUMENTS

The table shows the documents that must be issued to each dismissed employee, with reference to the regulatory legal act that established this requirement. There you will also find information about the rules for filling out these documents.

1. Work record book

All personnel officers know that on the day of dismissal, it is necessary to hand over to the employee his work book with the entries made about hiring and dismissal. If this is not done, you will have to compensate for the earnings not received by the employee for the entire time the book was delayed.

To prove that the book was issued on time, the date of issue is recorded in the book of registration of the movement of work books and inserts in them. The form of the book is approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 (as amended on October 31, 2016).

If an employee is absent from work on the day of dismissal, you need to send him a notice of the need to come for a work book or write consent to send it by mail. In this case, the employer is released from liability for delaying the work book.

2. Pay slip

A payslip must be issued to each employee when paying wages (Part 1 of Article 136 of the Labor Code of the Russian Federation), regardless of whether he asked for it or not. Typically, a pay slip is issued on the day the salary is paid for the second half of the month, and upon dismissal, it must be issued upon final payment.

The Labor Code of the Russian Federation obliges to fix at the local level (in an order or in a local act) both the form of the sheet and the procedure for issuing it.

During inspections, state labor inspectors require confirmation that employees have received pay slips. If you're sending them by email, you can simply show the relevant messages. And the issuance of ordinary paper pay slips can only be confirmed by the employee’s receipt of it.

Keep a separate journal for recording the issuance of sheets or ask employees to sign the tear-off part of the sheet.

Let us remind you that failure to issue pay slips is a violation of labor legislation and is punishable under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (CAO RF): organizations face a fine of up to 50 thousand rubles, individual entrepreneurs - up to 5 thousand rubles.

3. Certificate of earnings for two years

A certificate of the amount of earnings for the two calendar years that preceded the year of dismissal must also be presented on the day of dismissal without any additional statements from the employee.

Failure to issue this certificate is considered a violation, because without it the new employer will not be able to correctly calculate benefits for temporary disability and in connection with maternity. The courts believe that liability for failure to issue a certificate arises in accordance with Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

The form and rules for filling out the certificate are established by Order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n (as amended on January 9, 2017).

An accountant usually prepares the certificate, but a personnel employee can also issue it along with other documents. Clause 3, Part 2, Art. 4.1 of Federal Law No. 255-FZ does not contain a direct requirement for written recording of the fact of issuing a certificate. But during inspections, inspectors look at whether the employer is fulfilling the established obligation and can fine him for the lack of documents confirming the issuance of a salary certificate to the employee.

4. Form SZV-M

This document confirms the insurance experience. It is necessary to prepare an extract from the SZV-M form for only one dismissed employee.

You cannot copy the entire report, otherwise you will reveal the personal data of other employees.

The form is given in Resolution of the Board of the Pension Fund of the Russian Federation dated February 1, 2016 No. 83p. You need to fill out all sections, but in section 4 indicate information about one employee. The form is usually prepared by an accountant. But any specialist can issue it, the main thing is to take confirmation that the employee received the document upon dismissal.

5. Form SZV-STAZH

The SZV-STAZH form does not replace the SZV-M form. This information confirms not only the insurance experience, but also the amount of insurance premiums. The report is new, it has been submitted only since 2017.

The form of the document and the procedure for filling out are established by Resolution of the Board of the Pension Fund of the Russian Federation dated January 11, 2017 No. 3p. The SZV-STAZH form must also be issued against signature.

This document is prepared by the person who submits reports to the Pension Fund of the Russian Federation, most often an accountant. The HR officer can also give it to the employee as part of the entire package.

6. Extract from section 3 “Personalized information about insured persons” of the calculation of insurance premiums

This information was previously contained in two forms, but in 2017 it was combined by the Federal Tax Service of Russia in a single report. The form reflects the employee’s income and contributions transferred from his income for the last three months of the reporting period in which the employee resigned, that is, from the beginning of the quarter to the day of dismissal. The accountant prepares the statement.

Keep in mind that this extract is also issued to citizens working under civil contracts.

7. Extract from DSV-3 “Register of insured persons for whom additional insurance contributions for a funded pension have been transferred and employer contributions have been paid”

This statement is not issued to all employees, but only to those for whom the employer makes additional insurance contributions for a funded pension in accordance with Federal Law No. 56-FZ dated April 30, 2008 (as amended on November 4, 2014).

HOW TO CONFIRM THAT AN EMPLOYEE HAS RECEIVED THE DOCUMENTS

The above documents must be issued against signature, without waiting for the employee’s request. We can offer you three options on how to record that the employee has received all required forms and certificates.

1. Take a receipt from the employee confirming that he has received all the necessary documents (example 1).

2. Create a special journal for recording the issuance of documents. There is no approved form for such a journal; you can develop any accounting form convenient for you (example 2).

3. Leave in the organization copies of documents on which employees make a note about receipt of their copy. In this case, it will be possible to document that the document was completed correctly and completely.

If an employee refuses to receive documents on the day of dismissal, record this in a separate act in front of witnesses. If the employee did not pick up the documents himself, but gave permission to send them by mail, keep all postal documents confirming the fact of sending.

A. N. Slavinskaya,
HR specialist, teacher of HR administration at the Expert Training Center