Is it possible to detain a work book upon dismissal. Illegal delay of the work book (TC) upon dismissal: an algorithm of actions. The employee refuses to take the work book

A work book is a valuable document for every working person. The manager must provide it to a former employee on the day of dismissal. However, there are times when the employer could not or did not consider it necessary to fulfill his duty. Is he responsible for non-extradition work book upon dismissal, what are the nuances of this process and whether he is entitled to a fine, we will tell in the article.

Norms for issuing a work book

Issuance regulations and norms labor documents dictates Art. 81.1 of the Labor Code of the Russian Federation and PP No. 225 dated 04.16.2003. The book must be issued on the day of dismissal, but there are grounds that can provoke a delay in its issuance:

On the last working day, the employee is not at work (vacation, departure, sick leave).
There is a written refusal of the employee to pick up his employment document.

However, in any case, the employer is obliged to notify the former employee that he should come in person and take his work book. The notice must be in the form and sent by mail to the address of the former employee's residence. It is advisable to send a letter with home delivery, so that the addressee signs for receipt. This will provide protection to the head of the company.

At the same time, if the employee received a notification, but did not personally come for the labor and did not send for it, after the expiration of the time, the owner of the enterprise or his personnel officer must issue the labor at the first request of the former employee within three days. The court will prove the employer's responsibility for the late issuance of documents or in the event of a complete refusal to do so.

The employer does not return the work book

If the employer does not return the labor document to the employee, initially it is worth trying to resolve this conflict peacefully. And only if the manager ignores the legitimate request of the former employee, the latter should take tough and prompt action.

It does not matter for what reason the employee could not pick up the labor in a timely manner, the employer is still obliged to return it to him on demand. Refusal is a violation of the legislation of the Russian Federation and entails administrative, and also, in some cases, financial liability in the form of fairly large penalties.

If a dismissed employee is not returned a work book after his official dismissal, he must first contact the Rostrud authority. Its representatives will be engaged not only in solving the problem of returning the applicant's labor, but also in a rather tough verification of the employer, the legality of his actions in accordance with the Labor Code of the Russian Federation.

Employer punishment

In this case, a fine from 1,000 to 5,000 rubles will be issued to the individual entrepreneur, the owner of the organization or an authorized person of the personnel department, and the company itself will be fined 30,000 to 50,000 rubles. For an official, the fine will be from 100,000 to 200,000 rubles with the possibility of disqualification for at least 1 year.

Judicial measures

If, even after the penalties, the employer does not consider it necessary to return the work book to the former employee, the latter has every right to file a lawsuit. Here, the priority point is the statute of limitations for a labor dispute, which averages 2 months. In addition to returning the document in court, the plaintiff is also entitled to material compensation for the fact that he did not have the opportunity to find a job, being deprived of his work book. And in accordance with Art. 37 of the Constitution of the Russian Federation, every citizen of the country has the right to work. At the same time, Art. 234 of the Labor Code of the Russian Federation states that if the former employer does not give the opportunity to find a job in another company, he is obliged to reimburse the employee for all costs.

Payment material damage carried out on the basis of the employee's average annual salary for the year of work until the moment of dismissal from the last job in accordance with the period of retention of the work book. However, material compensation is not allowed individuals who were dismissed for violation of labor discipline.

Conclusion

So, the delay in the issuance of work books at enterprises happens quite often, despite the heavy fines based on court decisions. In order to protect himself, the employer is obliged to do everything according to the law (send a notification to the employee) and, at the first request, issue a work book to a former employee. If the manager ignores requests for the return of a personal document, then he will be held accountable.

Quite a lot of people face a delay in their work book when they are fired. The dismissed person will be able to protect his rights if he knows whether such actions are lawful and how to react in such situations.

Rules for issuing documents when calculating

Article 84 of the Labor Code of the Russian Federation.

Failure to issue a work book during dismissal is a violation of the employee's rights. In accordance with part 1 of article 84 of the Labor Code of the Russian Federation, the employer must issue all documents on the day of dismissal. This rule is violated for the following reasons:

The employer blackmails the employee in order to obtain guarantees for the execution of unfinished work (transfer of cases, writing a report, etc.).
Demonstration of irresponsibility by an employee HR department decorating paper.
Lack of knowledge by the administration of the organization and by the resigners themselves of the Labor Code.
Absence of a resigning person at the workplace for any reason (sick leave, vacation, truancy, leaving for the army, and so on).

The employer must oversee the final settlement process. If the resigning person is absent from work, a notification is sent to his residence address that all documents are ready, and they need to be collected, or an application for their shipment by mail is written.

What if, after dismissal, they do not issue a labor certificate?

Article 234 of the Labor Code of the Russian Federation.

According to article 234 of the Labor Code of the Russian Federation, a person has the right to compensation for material damage. If the employer does not return the documents, you can take the following steps:

file a complaint with the labor inspectorate;
write a statement to the prosecutor's office;
go to court with a claim against the former employer.

Litigation is the most reliable way to get not only labor, but also compensation for the deprivation of the opportunity to get a job again. But the court must provide evidence of the violation and their missed, in this regard, opportunities.

Important! The term for going to court is 3 months after dismissal.

What is the threat to the employer of not issuing documents on time?

It does not matter for the law for what reasons the issuance of a work book was delayed upon dismissal. Even if a person simply did not show up for labor, the responsibility for violating the deadlines for issuing will lie with the organization where he worked. And if the management does not take proactive measures in time, the organization will be obliged to pay the employee compensation for material damage from non-receipt of documents, in the amount of the average earnings for each overdue day.

The victim may also demand compensation for non-pecuniary damage. The amount of this is determined by the court. In addition, the organization will pay legal and other costs.

The following penalties are provided for an administrative violation.

According to the rules for the registration and storage of labor, the day of dismissal in case of incorrect execution of the document, or delay in issuance, will be the day when the person receives the book in his hands.

For reference! An appropriate order is issued in the organization and a new date of dismissal is entered. And the old record is invalidated.

Failure to issue labor due to the fault of the resigning person

It happens that the organization does not have the opportunity to issue papers on time due to the fault of the employee himself. The most common situations are:

The employee was fired for absenteeism and also absent from work on the last day.
The employee deliberately avoids receiving documents, not wanting to quit or pursuing selfish goals.
The organization's office is located in another city.
The worker was drafted into the army and did not have time to pick up the documents.
The employee was arrested and convicted.

Whatever the reasons why a person could not pick up a labor person himself, the organization must provide him with the opportunity to receive his documents within 3 days after applying or send it by mail at the request of the dismissed. Unclaimed documents have been kept in the archives for 75 years.

After sending a notification that the dismissed person needs to appear for documents or send consent to postage, the organization is released from liability for late issuance.

Failure to issue a work book upon dismissal is a gross violation of the employee's legal rights. But few people know that an employee can not only bring a former manager to justice, but also receive moral and material compensation from an unscrupulous employer.

Often, the reason that a dismissed employee did not receive this document on time may be not only the negligence of the personnel department, but also a tense relationship with the manager. An attempt to harm or manipulate an employee by holding one of the main labor documents leads to especially unpleasant consequences if the resigning person does not just leave, but plans to get a job in the near future new job.

In most cases, it is pointless to sort things out with the former leadership, ask or make a scandal, all this can only worsen the situation. It is entirely possible to protect yourself by staying calm and acting in accordance with labor laws. Where should a dismissed employee go? What should be done if, after dismissal, the employer does not give the work book? What can you do to compensate yourself for the losses associated with these misconduct?

The obligation to issue a work book to a dismissed employee. When an employer violates

The Labor Code of the Russian Federation, namely Art. 80 and 84.1 of the Labor Code of the Russian Federation, obliges any employer to issue a completed work book no later than on the last day of work, which will also be the day of dismissal of the employee. Employment book, as well as other documents confirming information about labor activity, are issued personally to the employee. In exceptional circumstances, such as if former employee convicted and is in the place of serving the sentence, the work book can be obtained by his relatives by power of attorney.

But if, under any pretext, the employer does not give the work book, what should be done first of all? Having received a refusal to issue this document, the dismissed employee has the right on the same day to transfer to the employer's representative or to the personnel department a written application (application) for the issuance of a work book after dismissal. The term for considering such an application is three days, during which the employer is obliged to satisfy the legal requirement of the employee by handing out the work book to the resigning person.

A trade-union organization, if there is one, can contribute to a conflict-free resolution of the situation to a large extent. A representative of the trade union committee can not only explain the rights of the employee or help to draw up a written appeal, but also act as an intermediary in negotiations between the dismissed employee (group of employees) and representatives of the employer.

Application (appeal to the employer): how to write?

The application is written in free form on a standard A4 sheet. It contains the following information:

Full name and contact details of the applicant (employee).
The requirement to give the applicant a work book in connection with the dismissal in person.
Date of compilation of the appeal.
Signature and transcript of the signature of the applicant.

If, for some reason, the employee is not able to personally appear later for his work book, consent to send the document by mail can be attached to the application. The consent should indicate the address to which the work book of the dismissed employee should be sent.

The application or written appeal should be made in two copies, one of them is sent to the employer. On the second copy, the employer's representative puts a note on the receipt of the application with his signature, the employee retains this document. If the employer's representative refuses to accept the application or leave a signature on the second copy, a written request should be sent to the employer's organization with notification by registered mail.

Of course, if the employer's failure to issue a work book was the result of an error in the work of the personnel department, a simple written appeal will be enough to correct the situation. It's another matter if, by keeping the documents, the employer deliberately prevents the former employee from finding employment. In such a situation, it will not be possible to solve the problem without contacting the regulatory authorities or the court. What should an employee do if they do not give out a work book on purpose?

Application to the department of labor and employment inspectorate. What are the consequences of contacting Rostrud?

If they do not give the work book or refuse to send the document by mail, the next step of the employee will be to contact the territorial office (Rostruda). An employee who is deprived of the opportunity to work and earn money can write to the name of the manager local branch Rostruda complaint (statement) about non-issuance of a work book with a request to check and bring the former employer to administrative responsibility.

An application to the labor inspectorate is drawn up in writing in two copies or filled out in a special section of the Rostrud website via the Internet. The application will need to detail the following:

Information about the employer: name, TIN, OGRN of the organization, legal and actual address, full name. and the position of the head.
An offense in respect of which a check should be carried out, with reference to the articles of the Labor Code of the Russian Federation. In the case under consideration, this is the retention of the work book by the employer after termination with the citizen employment contract.
Request to take action: conduct an audit of Rostrud, bring the former head to administrative responsibility, oblige personnel service return the work book to the dismissed citizen.
Copies of supporting documents, for example, an employment contract with an employer (list of attachments and copies).

In addition, if you initiate a visit of a labor inspector to an organization, then not only the fact of unlawful retention of a work book will be checked, but all the activities of the employer within the competence of Rostrud. Based on the results of the inspection, the employer will be given an order indicating all violations identified in the organization and the time frame for correcting them. Including the period set aside for the issuance of all required documents to the dismissed employee.

Along with the application to the Labor and Employment Inspectorate, the former employee has the right to submit a written complaint about illegal actions to the prosecutor's office at the location of the former employer. In this case, on the fact of violation of the legislation in part labor rights a prosecutor's check will also be carried out.

Administrative responsibility of the employer. Fines, sanctions

Failure to comply with the issued order, including violation of the deadlines for handing out or timely issuing a work book, gives the Federal Labor and Employment Inspectorate the right to bring an employer who has violated the law to administrative responsibility. The fine for not issuing a work book upon dismissal for a legal entity can range from 30 to 50 thousand rubles. An official, that is, a manager, or who did not issue a work book on time, may receive a punishment in the form of disqualification for up to three years or a fine from 1,000 to 5,000 rubles.

But if, despite the inspection of Rostrud and the issued order, the employer does not give the work book, what should the employee do?

How to oblige a former employer to issue a work book through the court

How else can you act if you do not give your work book? Go to court. It is not worth delaying the appeal to the court. The limitation period for failure to issue a work book and other documents on the day of dismissal is limited to 3 months from the date of termination of the employment contract.

Litigation is the most common and effective method restoration of violated rights if the employer does not give the work book. What to do to legally oblige the former boss to issue a completed work book?

To begin with, the employee must correctly draw up a statement of claim. You can write it yourself or seek help from legal advice. You will need to provide the following information:

Information about the plaintiff (applicant).
Periods of work and position of the applicant, date of dismissal.
Information about the employer.
The offense committed against the applicant, with reference to the articles of the Labor Code of the Russian Federation.
The applicant's request: issue a work book, make changes to existing records, and so on. The claim for non-issuance of a work book also includes requirements for moral compensation and compensation for material damage, if any.
Attachments: copies of supporting documents.

A copy of the statement of claim is handed over against signature or sent with a registered letter to the defendant, that is, to the employer.

Moral compensation for the employee

Compensation for moral damage caused by the former boss by his actions is made in accordance with the procedure established by Art. 237 Labor Code RF. The amount of payments for a dismissed employee is established by the court, taking into account all the circumstances of violation of laws and labor rights committed by the former employer.

Material compensation to the employee

Failure to issue (withhold) a work book at a previous job deprives a citizen of the opportunity to find a job in a new place or apply for temporary support to the Employment Center. Thus, the employee is left without the opportunity to receive or wages... What to do? Do they not give the work book or deliberately delay the issuance of this document? This is primarily a reason to demand compensation for wages through the court for the period when the employee could not find a job due to the fault of the former employer. For each day of forced inaction, the court will oblige the employee to pay compensation in the amount of at least the average earnings in the organization of the former employer.

Length of service and day of dismissal

Another violation of the rights of a dismissed employee concerns the length of service, which the employee lost through the fault of the former employer. By a court decision, the employee is reinstated at work for the entire period when the work book was with the unscrupulous employer. The day of dismissal will be the day when the employee was actually issued a work book and other documents confirming information about work and length of service. After the entry into force of the court decision, the employer is obliged:

Issue an order to reinstate the dismissed employee at work, in the position he held at the time of dismissal.
Make an entry in the work book of the reinstated employee on the invalidation of the previously made entry on the termination of the employment contract with the employee.
Issue a new one dated on the day of issue of the work book.
Make a corresponding entry in the work book.

Important! Reinstatement does not entail an employee's obligation to complete this period.

Circumstances and Measures Precluding the Employer's Liability

But is the law always on the side of the worker? Failure to issue a work book on the day of dismissal does not entail responsibility for the employer if the head (representative) of the organization did not have the opportunity to hand over the document to the employee in a timely manner, but he took all the necessary measures.

Perhaps the most common situation when the employer does not give the work book through no fault of his own is the absence of the dismissed employee on the last day of work or shift (day of dismissal). The reasons for this may be absenteeism, temporary disability, vacation with subsequent dismissal and other circumstances. The employer can take the following steps:

Draw up an act confirming the absence on that day at the workplace of the dismissed employee with the entry of an appropriate mark in the timesheet.
In a timely manner, send the employee a letter with official notification of the need to appear in person to receive a work book. As a rule, such a document is sent by registered mail to the place of registration (registration) of the employee, as well as to all the employee's addresses that are known to the employer. From the date of dispatch, the employer is relieved of responsibility for the late issuance of the document.

In a situation where the failure to issue a work book upon dismissal occurred due to a refusal to receive a document, the employer, in accordance with the law, must act as follows:

On the day of dismissal, an act is drawn up on the refusal of a citizen to receive a work book. The employee must be familiarized with the act by signing.
Ensure the storage of an unclaimed work book until it is handed over to the employee personally or within 75 years from the date of dismissal.

Where to restore labor?

But there are also very difficult cases. For example, the employer does not give the work book, and the organization in which the employee worked ceases to exist, that is, is liquidated. Difficulties arise if it is impossible to establish the whereabouts of the former leader. Over time, it may be possible to find an unscrupulous employer and return the lost document. But for employment for a new job or for calculating the length of service, the employee will need to issue and receive a duplicate of the work book. How to confirm the existing experience and who has the right to issue a duplicate of the document?

First of all, the employee will have to obtain documents confirming the existing and general. Such documents can be:

Certificates from the Social Insurance Fund and the Pension Fund branch, confirming the availability of social contributions and pension contributions during these periods.
References, copies of personnel administrative documents (orders) from previous jobs, including information from archival organizations.

On the basis of supporting documents, information about the employee's past labor activity is entered into the duplicate. Who has the right to issue such a duplicate? According to the currently existing Rules, an employee must apply for a duplicate at the last place of work. But what to do when it is the last employer who is guilty of losing his employee's documents, and it is not possible to find him?

If the employee plans to find a job at a new place of work, then the new employer has the right to issue, issue a new work book and indicate information about the length of service on the basis of supporting documents. In the new work book, issued to replace the lost one, the total length of service of the previous labor activity is entered in total, but without specifying the periods of work, indicating the positions of the employee and previous employers.

Good afternoon, besides - you can recover compensation in court -
a quote from a court decision -

“V.A. on the day of dismissal “Date” the work book was not issued. Moreover, according to the book of accounting of work books and inserts in them, the work book of V.A. not issued to date. In addition, the notification about the need to appear to receive the work book was sent to him only "Date". In accordance with article 66 of the Labor Code Russian Federation the work record book of the established sample is the main document on the labor activity and work experience of the employee. The procedure for maintaining and storing work books, as well as the procedure for making forms for work books and providing employers with them are established by the authorized Government of the Russian Federation federal body executive power. According to Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment contract, the employer is obliged to pay the employee a work book. An entry in the work book about the basis and reason for the termination of an employment contract must be made in strict accordance with the wording of this Code or another federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. In the event that, on the day of termination of the employment contract, it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer must send the employee a notice of the need to appear for the work book or agree to send it by mail. From the day of sending the specified notification, the employer is released from liability for the delay in issuing a work book in cases of non-coincidence of the last day of work with the day of registration of termination labor relations upon dismissal of an employee on the grounds provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. At the written request of an employee who did not receive a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request. According to Article 165 of the Labor Code of the Russian Federation, in addition to general guarantees and compensations, workers are provided with guarantees and compensations, in particular, in connection with the delay through the fault of the employer in issuing a work book when an employee is dismissed. A similar provision is enshrined in Article 234 of the Labor Code of the Russian Federation that the employer is obliged to reimburse the employee for the earnings not received by him in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, occurs if the earnings are not received as a result of the employer's delay in issuing the work book to the employee. Thus, “NN” is obliged to accrue and pay to V.A. compensation due to the delay due to the fault of the employer in issuing a work book when an employee is dismissed based on the average monthly wage from “Date”. By virtue of Article 139 of the Labor Code of the Russian Federation, for all cases of determining the size of the average wage (average earnings) provided for by this Code, a single procedure for calculating it is established. To calculate the average wage, all types of payments provided for by the remuneration system are taken into account, which are applied by the respective employer, regardless of the sources of these payments. In any mode of work, the average wage of an employee is calculated based on the actually accrued wages and hours actually worked by him for 12 calendar months preceding the period during which the employee retains the average wage. ...

The employer's obligation on the day of termination of the employment contract to issue the employee a work book is provided for by Art. 84.1 of the Labor Code of the Russian Federation and clause 35 of the Rules for maintaining and storing work books.

In the event of a delay in issuing a work book to an employee through the fault of the employer, entering an incorrect or inappropriate work book into the work book federal law the wording of the reason for the dismissal of the employee, the employer is obliged to compensate the employee for the earnings not received by him for the entire period of delay.

In this case, the dismissed employee can sue the employer with a request for compensation for non-pecuniary damage. According to Art. 151 Civil Code RF, moral harm means moral or physical suffering caused by actions that violate the personal non-property rights of a citizen or encroach on other intangible benefits belonging to him.

In the event of a dispute, the fact of inflicting moral harm on the employee and the amount of his compensation are determined by the court, regardless of the property damage subject to compensation (Article 237 of the Labor Code of the Russian Federation). In this case, the employee must prove the infliction of moral harm. The court may accept the following documents and circumstances as evidence:

Certificate of illness caused by the loss of a job;

Moral experiences caused by the inability to find a job;

Obtaining the status of an unemployed due to the delay in issuing a work book, etc.

In all cases of causing moral harm to the employee by illegal actions or inaction of the employer, he is paid monetary compensation (Article 237 of the Labor Code of the Russian Federation).

If the issuance of a work book is delayed due to the fault of the employer, he must issue new order(order) to terminate the employment contract and make changes to the work book about changing the date of dismissal on the day the work book was issued. A previously made entry on the day of dismissal is invalidated in the manner prescribed by the Rules for maintaining and storing work books (clause 35).

Note!

The fact of failure by the employee is not a reason for delaying the issuance of a work book material values, non-return of workwear, etc.

A delay by the employer in issuing a work book to an employee, incorrect or incorrect wording of the reasons for dismissing the employee, or not in accordance with the law, may lead to legal proceedings. If this circumstance is not disputed by the employer and he voluntarily made the appropriate changes in the entries in the work book, then if it is proved that the incorrect wording of the reasons for dismissal deprived the employee of the opportunity to go to work for another employer, the employee may file a claim for material responsibility employer.

The obligation to reimburse the employee for the earnings not received by him in all cases of illegal deprivation of his opportunity to work in accordance with Art. 234 of the Labor Code of the Russian Federation occurs if earnings are not received as a result of:

Illegal suspension of an employee from work, his dismissal or transfer to another job;

Refusal of the employer to comply or untimely execution of the decision of the review body labor disputes or the state legal labor inspector on the reinstatement of the employee at the previous job;

Delays by the employer in issuing a work book to an employee, entering in the work book an incorrect or incompatible formulation of the reason for the employee's dismissal.

For example, non-receipt of a work book on the day of termination of labor relations may be caused by the absence of an employee at work on that day or his refusal to receive a work book. In this situation, the employer, in accordance with Art. 84.1 of the Labor Code of the Russian Federation is obliged to send the employee a notification of the need to appear for a work book or agree to send it by mail.

Since the form of such a notice is not legally approved, it is drawn up in any form and may look like this:

Society with limited liability"Olga"

Mamontov, Anton Sergeevich

Omsk, st. Karl Marx, 29, apt. 171

LLC "Olga" notifies you that in accordance with Art. 84.1 of the Labor Code of the Russian Federation, upon termination of an employment contract, the employer is obliged to issue the employee a work book on the day of dismissal (the 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, please come to the personnel department of Olga LLC at the address: Omsk, st. Lenin, 15.

We also inform you that from the date this notification is sent, the employer is released from liability for the delay in issuing a work book.

If you cannot appear for the work book in person, we will send the document by mail upon receipt of your written consent.

Head of the personnel department of LLC Olga Ivanova E.V. Ivanova

From the day the notification is sent, the employer is released from liability for the delay in issuing a work book. The period of time from the date of termination of the employment contract until the day of sending the notification is considered as the period of delay in the issuance of the employment record, subject to payment. Therefore, if a dismissed employee does not receive a work book on the day of dismissal, the employer needs to send a notification the next day former employee... Thus, he will protect himself from material responsibility. Otherwise, the employer is obliged to pay the employee wages for the entire period of delay in the work book.

In accordance with part six of Art. 84.1 of the Labor Code of the Russian Federation, upon a written request from an employee who did not receive a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

Note that according to the sixth part of Art. 84.1 of the Labor Code of the Russian Federation, the employer is not responsible for the delay in issuing a work book in cases of non-coincidence of the last day of work with the day of registration of the termination of labor relations when the employee is dismissed on the basis provided for in sub. "a" item 6 of the sixth part of Art. 81 or clause 4 of the first part of Art. 83 of the Labor Code of the Russian Federation, as well as upon the dismissal of a woman, the term of the employment contract with which was extended until the end of pregnancy in accordance with part two of Art. 261 of the Labor Code of the Russian Federation.

Administrative liability for violation of the rules for maintaining and storing work books is provided for by Articles 5.27 and 13.20 of the Administrative Code of the Russian Federation.

For violation of the established procedure for maintaining, recording, storing and issuing work books, officials are responsible under Art. 5.27 "Violation of labor legislation and labor protection" of the Code of Administrative Offenses of the Russian Federation.

So, according to this article, violation of labor and labor protection legislation entails the imposition of an administrative fine:

On officials- in the amount from 1000 to 5000 rubles;

On persons exercising entrepreneurial activity without forming a legal entity, - from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days;

On legal entities- from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Resolution of the Federal Antimonopoly Service of the Moscow District of October 26, 2006 in case No. KA-A40 / 10220-06).

Violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years (Clause 2, Article 5.27 of the Administrative Code of the Russian Federation).

Violation of the rules for storing, collecting, accounting or using archival documents entails a warning or the imposition of an administrative fine on citizens in the amount of 100 to 300 rubles; for officials - from 300 to 500 rubles. (Article 13.20 of the Code of Administrative Offenses of the Russian Federation).

Moreover, for violation of the established procedure for maintaining, recording, storing and issuing work books, liability is provided for, established by articles of the Criminal Code of the Russian Federation: 140 "Refusal to provide information to a citizen", 292 "Official forgery", 325 "Theft or damage to documents, stamps, seals ... ".