What certificates at dismissal are given out to the worker? Order of the Ministry of Labor of Russia

What references for dismissal should employers give to the employee? This issue is of concern to many, therefore it is necessary to understand in advance which references are mandatory, and which should be formalized directly at the request of the employee himself.

Wage reference is the first and most important thing

увольнения бывший сотрудник имеет полное право получить справку о зарплате. First, immediately after the dismissal, the former employee has the full right to receive a certificate of salary. It should have information on the amount of wages for several years, namely for 2 calendar years before the application for termination of activities. The form of this certificate was approved by the Ministry of Labor of Russia on April 30, 2013. Such a paper the employer is obliged to hand over to the worker without any reminders, that is, without fail.

List of other mandatory documents

Now let's talk about what certificates for dismissal should be issued to employees on the day of termination of the employment contract on the application containing the request of the employee. It must be formalized in the form of a letter. Such documents include officially certified references related to the activities of the former employee of the organization - the one who leaves. In accordance with Article 62 of the LC of the Russian Federation, such documents include a certificate of all insurance deductions or contributions to the Russian Pension Fund. They can be either accrued or already paid at the time of the termination of the employee. In addition, the employee has every reason to require a certificate of the period (time) of the work of a particular employer.

In addition to the certificate of wages, he can also receive a certificate of income / earnings nat. Person who has the form of 2-NDFL, approved by the order of the Federal Tax Service of Russia on November 17, 2010. By the way, a 2-NDFL certificate is also not considered mandatory. Thus, if the employee has not received this document, then only himself will be to blame, because to provide this paper it is necessary to write a corresponding request-request. What is the meaning of this reference? получение стандартных налоговых вычетов на протяжении всего календарного года. The answer is simple: it ensures and guarantees the employee's right to stable receipt of standard tax deductions throughout the calendar year.

Consequently, if an employee needs these documents, he must apply with a corresponding application in writing to his employer. If the employer refuses to issue any certificate upon dismissal, this should be regarded as a violation of the law. That is why the director is obliged to issue these documents unconditionally, free of charge and at a fixed time, which is 3 working days.

Who prepares these references

: справка о доходах физического лица, справка по форме 2-НДФЛ и об обязательных взносах в пенсионный фонд РФ, предоставляет сотруднику отдел бухгалтерии организации. All of the above documents, namely : a certificate of income of an individual, a certificate on the form 2-NDFL and mandatory contributions to the pension fund of the Russian Federation, provides the employee with the accounting department of the organization. As for the certificate of the duration of the work of the employer, it must be issued to the employee by the personnel department. If there is no such service in the organization, then such a paper will have to be booked. The document on incomes nat. Persons in the enterprise must be drafted in free form, since other unified forms of such a document have not yet been approved. What important information should contain a certificate from the employer about insurance contributions to the Pension Fund? The most important thing that should be present in this certificate is information about personal records of this employee.

What other responsibilities does the company have on the day of the employee's discharge

ФЗ от 1 апреля 1996 года. The main duty of employers is clearly articulated in paragraph 3 of paragraph 4 of Article 11 of the Federal Law of April 1, 1996 . закон об индивидуальном учете в системе обязательного пенсионного страхования устанавливает следующие правила. This law on individual accounting in the mandatory pension insurance system establishes the following rules. The enterprise must transfer to the former employee information about the personified account and receive from the employee a confirmation that he received them. This confirmation must be in writing. Many now will probably be asked the question: what is included in the information about the personified account? So, this document contains information about insurance premiums of the company (both accrued and paid) for compulsory insurance of pensions and seniority. In addition, the certificate should contain information about the optional, that is, additional insurance contributions of the employer to the funded part of the pension.

Document for Employment Center

на определённом месте сотрудник выходит на новую работу не сразу, а решает временно встать на учет в службе органов занятости, в таком случае ему необходимо запросить на предприятии документ для данного органа. If, after the termination of employment at a certain place, the employee does not immediately start a new job, but decides to temporarily register with the employment service, in which case he / she must request a document for the body at the enterprise. Such a certificate of a new sample should contain information about the average earnings of an employee for the last three months. Министерством труда и социального развития Российской Федерации от 12 августа 2003 года. By the way, this document does not have the form approved by the legislation, therefore the main thing that the employer must observe when issuing this certificate is the calculation rules established by the Ministry of Labor and Social Development of the Russian Federation on August 12 , 2003 .

How information is provided

It is worth noting that the organization that provides jobs, must provide all employees with copies of individual information sent by the enterprise to the Pension Fund. Copies are transferred to employees within the timeframe established for reporting in the PF, that is, for reporting periods. On the day of termination of the employer's employment contract with the employee, the first is obliged to prepare and return the document for the reporting period prior to the day of dismissal. Confirmation in writing from the employee that he received personal information and all necessary certificates for dismissal should be transferred to the employer.

Signature as proof

After receiving confirmation, the organization is obliged to fix the information that all important information has reached the employee. You can do this through several of the following methods:

1. For example, an employee may sign when receiving documents on a copy (copy) of a document that will remain in the organization after the employee's dismissal;

2. The second way is for the employee to put a personal signature in a special book. More often than not, it is called the accounting journal of documents or certificates issued on hand.

Employment history

Although she does not refer to the certificates, but after the dismissal of the employee is also a mandatory document, which must be returned to him. трудовой книжки на руки сотрудника ему следует расписаться о ее получении в книге учета трудовых книжек и удостовериться, что в этот документ организацией была внесена пометка о датах начала и прекращения работ сотрудника. When handing over the work record card to the employee's hands , he should sign for her receipt in the work book book and make sure that the organization has been marked in this document with the dates of the beginning and termination of the employee's work. In this case, if the employee has his own personal card, it must also be entered the relevant records, certified by his personal painting. If on the day of the termination the employee does not appear in the organization and the personal book can not be handed to him directly in the hands, then the organization must take the following measures. для получения трудовой книжки . The former employee is sent a written document with a notice, which should contain a request that he come to the enterprise for a work book .

There are times when employees can not come to the organization to receive a document. Then the employer can offer the employee with his consent to send the book by mail. It is also worth noting that the responsibility of the enterprise is only if it does not issue a work book to its owner on its own initiative. If the employee himself in writing refuses to receive the document or, due to circumstances or other significant reasons, can not take it back, and the organization has already sent a letter to the former employee with a request, the employer in no way violates the law established by the Ministry of Labor of Russia.

By the way, there are situations when at the trial the employees claimed that they received a letter from the employer, but there was no request for him to come to the enterprise to return the work book. In order to defend its rights in court, the organization can provide, as evidence, an inventory of the enclosed letter sent, which is compiled and certified by the postal service employees. Only then the enterprise that provided the workplace will be able to prove its rightness and avoid punishment.

Responsibility for illiterate employers

Now let's talk about what punishment can be pursued by employers avoiding fulfilling their direct duties, who do not issue certificates when they are dismissed. What certificates must be issued - we have already dealt with this, but what can threaten the unscrupulous bosses, we will consider in detail in this section. статья 5.27 КоАП Российской Федерации, которая содержит в себе следующие правила. In accordance with the law, such cases are regulated by Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which contains the following rules.

нормы Трудового кодекса РФ работодателям может грозить административный штраф. First, such an illiterate or deliberately not observing the norms of the Labor Code of the Russian Federation may face an administrative fine. Its size ranges from one thousand to 5000 rubles. осуществляет свою деятельность без образования юридического лица и регистрации в государственном реестре, то в таком случае, кроме получения штрафа, организация может быть лишена прав деятельности сроком от одного до 3 календарных месяцев. If the entrepreneur carries out his activities without the formation of a legal entity and registration in the state register, in this case, in addition to receiving a fine, the organization may be deprived of the rights of activity for a period of one to three calendar months. Legal entities that violate the legislation of the Russian Federation may receive a fine in the amount of 30,000 to 50,000 rubles. Or also be temporarily disabled for 90 days.

The order of the Ministry of Labor of the Russian Federation also specifies the punishment for organizations that had previously been brought to administrative responsibility for any violation. сроком от одного календарного года до 3 лет. For such enterprises, disqualification from one calendar year to three years is possible .