Do not give labor. What to do?

The work record documented the work activity of a person. This document serves to record the length of service. The work book is kept by the employer, but in the event of the termination of the employee, he It is obliged to hand it over to the employee on the day of termination of the employment contract.

What if you are not given a work day on the appointed day? Sometimes the reasons that the employer gives out to her employee on the last working day are legitimate. Such reasons can be two. First, if the employee did not come to work,then there is simply no one to give out the documents. Secondly, an employee may refuse to receive documents. In both cases, the initiative does not come from the employer, but from the employee.

In this case, the employer sends the employee notice of the need to appear for a work record or to agree that it will be sent by mail. As soon as the employer sends this notice, he does not bear any responsibility for not extracting the employee's work record book.

But it often happens that employers do notgive labor "out of harm", for example, requiring the employee to complete a specific project, dislodge money from debtor clients, train his successor ... If the employment contract has been terminated by that time, then their actions are illegal. How should the employee do in this case?

If you are not given labor, there is two main ways to solve this problem: You can bring the employer to administrative responsibility by contacting the labor inspectorate, or file a lawsuit against him.

Your application to the labor inspection promises the employer many problems. Non-issuance to the employee of the work book is punishedfine (for individual entrepreneurs it is less, for legal entities - more) or by suspension of labor activity for up to 90 days. In addition, the Labor Inspectorate is authorized to check not only the facts set forth to you, so they can complain about any violation in the work of the personnel department.

Therefore, employers prefer not to contact the Labor Inspectorate. It can play into your hands. If you are not given a labor, try to resolve the conflict amicably - warn the employer that you are going to file an application with the labor inspectorate. Most likely, he will give you a work book voluntarily, in order to avoid fines and inspections.

If it did not work, write an application to the nearest labor inspectorate (territorial division of the Federal Service forlabor and employment). The inspection examines the application within a month, and then issues instructions to eliminate the violation of the law (and the failure to issue a work record is a direct violation of the Labor Code). These requirements are mandatory for execution; their failure to be punished by fines or disqualification (for officials).

You can also bring an employer to court . When you are not given a work record, you aremost deprived of the right to work, because the work book is necessary for the device to a new place of work and the conclusion of an employment contract. Thus, you have every right to go to court with a lawsuit to oblige the employer to issue your work book.

In addition, you can request recovery of compensation moral harm to health (if it took place) andcompensation for the delay in issuing documents. The amount of compensation for delay depends on your monthly earnings. Compensation is collected in proportion to the number of days of delay.

If you decide to sue, do it as soon as possible. The fact is that labor disputes of this kind have a certain statute of limitations, which is three months. Government duty on the claim for compensation for the delay is not paid, and if you file a claim for compensation for non-pecuniary damage, you will have to pay a fixed fee, regardless of the amount of the claim.

These methods usually help to force the employer to return your work book. Of course, you have to spend time and nerves, but the result is worth it.