Often in the work of personnel officers, a document such as a notice is used. Using this paper, the employer notifies personnel of legally significant issues. For example, about staff reduction. There is no single form of notification. For each case, a different option is developed. We will tell you how to draw up a notice of company reorganization and branch liquidation. How to notify employees about changes in the terms of the employment contract. How to notify an employee of the need to appear for work book.

How to notify employees about the reorganization?

We are planning a reorganization of the company (the organizational and legal form is changing). What should you do with employees in this case: do you need to notify them of this two months in advance?

The Labor Code says nothing at all about the need to notify employees in the event of a company reorganization. However, in order to avoid labor disputes on this matter, in our opinion, workers should still be warned in advance* and in writing. This will also allow you to timely and legally competently issue personnel documents. If the company has been reorganized or its name has changed, employment contracts with employees do not need to be renegotiated.

How to notify branch employees about its closure?

In July of this year, our branch is closing, all employees are subject to dismissal. How to notify them of dismissal: in connection with the liquidation of the branch? Or due to staff reduction?

When closing a branch, employees of this division must be notified no later than two months in advance (in writing and against signature!) of dismissal due to staff reduction. Since the branch is not legal entity. And after the termination of its activities, the organization (employer) is not liquidated, but continues its activities. However, according to the law (part four of Article 81 of the Labor Code of the Russian Federation), when a branch is closed, the dismissal of its employees is carried out according to the rules provided for cases of liquidation of an organization. This means that they (unlike the staff reduction procedure) are not offered another job.

How to notify about changes in the terms of an employment contract?

Due to the reorganization of production, working conditions have changed for a number of our company’s employees. Can you tell me how to write a notification correctly?

Firstly, it should be noted that employees must be notified of changes in working conditions not after they have already occurred, but in advance, no later than two months before their introduction. Secondly, the notification must necessarily reflect what terms of the employment contract will be changed, as well as the reasons** that necessitated such changes.

Since the employee’s decision (agreement or disagreement to continue working under new conditions) determines the employer’s further actions (for example, in the case of consent, the conclusion of an additional agreement to the employment contract, and in case of refusal, an offer of another job (if available)), we recommend notification, this decision should be recorded by providing special columns for this. And indicate available vacancies (in case you refuse to work).

How to notify an employee of the need to appear for a work book?

If it is not possible to issue a work book to an employee on the day of dismissal, how can you draw up a notice so that he comes to get the work book, and thereby protect himself?

Indeed, the work book must be issued on the day of dismissal. If it is not possible to issue it on the day of dismissal (for example, due to the employee’s absence from work or refusal to receive it), the employee should be sent a notice (see sample below). We recommend that you do not delay this issue and send a notification the very next day. Otherwise, your company will have to pay this employee the wages he did not receive for the entire time the work book was delayed***.



* No later than two months if, as a result of reorganization, the terms of the employee’s employment contract change. If working conditions remain the same, compliance with the two-month period is not necessary.
** The employer has the right to change the terms of the employment contract (with the exception of labor function) unilaterally only for reasons related to changes in organizational or technological working conditions.
*** Clause 35 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.

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————————————————————————— ¦ Limited Liability Company "Olga" ¦ ¦ ¦ ¦ Ref. N 15 ¦ ¦ dated 02/24/2009 ¦ ¦ ¦ ¦ Mamontov Anton Sergeevich ¦ ¦ Omsk, st. Karla Marksa, 29, apt. 171 ¦ ¦ ¦ ¦ Olga LLC notifies you that, in accordance with Art. 84.1¦¦ Labor Code Russian Federation upon termination of the employment contract, the employer is obliged to issue the employee a work book on the day of dismissal (last day of work). ¦ ¦ Due to the fact that on the day of your dismissal the work book was not ¦ ¦ issued due to your absence from the workplace, we ask you to report ¦ ¦ to the personnel department of Olga LLC at the address: Omsk, st. Lenina, 15. ¦ ¦ We also inform you that from the date of sending this notification ¦ ¦ the employer is released from liability for the delay in issuing the ¦ ¦ work book. ¦ ¦ If you cannot come to collect your work book in person, ¦ ¦ we will send the document by mail upon receipt of your written consent. ¦ ¦ ¦ ¦ Head of HR Department ¦ ¦ Olga LLC Ivanova E.V. Ivanova ¦ ——————————————————————————

Comments:

How to correctly send a notification to an employee about the need to appear for a work book

So let it lie and wait, perhaps its owner himself will personally appear to receive it after some time

Form for notifying an employee of the need to appear for a work book or agree to have it sent by mail (example)

————————————————————————— ¦ Limited Liability Company "Olga" ¦ ¦ ¦ ¦ Ref. N 15 ¦ ¦ dated 02/24/2009 ¦ ¦ ¦ ¦ Mamontov Anton Sergeevich ¦ ¦ Omsk, st. Karla Marksa, 29, apt. 171 ¦ ¦ ¦ ¦ Olga LLC notifies you that, in accordance with Art. 84.1 of the Labor Code of the Russian Federation, upon termination of the employment contract, the employer is obliged to issue the employee a work book on the day of dismissal (last day of work). ¦ ¦ Due to the fact that on the day of your dismissal the work book was not ¦ ¦ issued due to your absence from the workplace, we ask you to report ¦ ¦ to the personnel department of Olga LLC at the address:

Notification to the employee of the need to pick up the work book after dismissal

Omsk, st. Lenina, 15. ¦ ¦ We also inform you that from the date of sending this notification ¦ ¦ the employer is released from liability for the delay in issuing the ¦ ¦ work book. ¦ ¦ If you cannot come to collect your work book in person, ¦ ¦ we will send the document by mail upon receipt of your written consent. ¦ ¦ ¦ ¦ Head of HR Department ¦ ¦ Olga LLC Ivanova E.V. Ivanova ¦ ——————————————————————————

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Notification to the employee of the need to pick up the work book. Form

That the procedure for issuing labor documents provided for by the Labor Code or the storage period for personnel documentation of 75 years does not suit you, or that there is not enough space in the safe? By the way, the employer (his authorized representative) is responsible both for the strict reporting forms to which the labor document relates, and for the personal data of the employee that it contains. By the way, liability, even criminal.
There are a lot of stories about how an employer lost a book and so on and nothing was done to him for it, but this is before the first (it will also be the last) time. The fines provided for such “miracles” can reach 500,000 rubles in total, and an administrative suspension of the enterprise’s activities for up to 90 days can be applied.
Good luck.

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The employee went to court, demanding, among other things, compensation from the employer for the delay in the work book.

In the case under consideration, the employee’s place of work was different from the place where the employer kept his work record book. In this regard, the employer, instead of issuing a work book on the day of dismissal, sent a notice to the employee with an offer to appear at the place where his work book is stored or agree to have it sent by mail. As a result, the employee received his work book only a month after his dismissal.

The court found such actions of the employer to be a violation. The judges noted that the law provides for only two cases when the employer is obliged to send an employee a notice of the need to appear for a work book or agree to send it by mail: in the case when on the day of termination of the employment contract it is impossible to issue a work book to the employee due to his absence or refusal to receive it. In this case, the employee was at his workplace on the day of termination of the employment contract and did not refuse to receive a work book. It was the employer who had to ensure that the employee received a work book, and not vice versa. The employee was not required to obtain a work book in another city.

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As a result, the court recovered from the employer the earnings not received by the employee for the period of delay by the employer in issuing the work book to the employee in accordance with.

We note that other courts use a similar approach to resolving this type of dispute (rulings of the Yaroslavl Regional Court dated October 31, 2014 No. 33-6261/2014, Irkutsk Regional Court dated December 22, 2016 No. 33-16737/2016, Volgograd Regional Court court dated February 2, 2017 No. 33-2052/2017).

However, a different point of view is presented in law enforcement practice. If the place of storage of the work book and the place of work where the employee was on the day of dismissal do not coincide, it is stated that it is impossible to issue the document. If the employer sent the employee a notice of the need to come for the work book at the place where it is stored or agree to send it by mail, he is not responsible for the delay (