In accordance with article 84.1 of the LC RF you have to give the labor book and other documents stored in the personnel Department on the day of dismissal. The day of discharge is considered the last working day. If this day falls a weekend or national day, to give the labor bookand other documents and full payment, you must before or no later than the day following the last working.You must not only return all the documents, but also to pay the current wages, compensation for all unused vacation days and other amounts due to you (article 140 TK the Russian Federation).If the employer has not issued payment and documents in these days, you have the right to appeal to the labour Inspectorate, the court or the Prosecutor (article 353, 391 TK the Russian Federation). Apply to any authority, please give details of the situation.In accordance with article 26 of the Federal law 2202-1 "On Prosecutor's office" the employer, without giving labor a book by the due date, deprives you of rights and freedoms to work, and that according to the Russian legislation is unacceptable.After reviewing your case in court, the labor Inspectorate or the Prosecutor's office, the employer is obliged to pay the penalty for all the days of overdue payments of wages and compensation for vacation, as well as a penalty for the days that you could spend on work and career. Penalties for late payment of wages and compensation is 0.1% of the outstanding amount for each day of delay. Compensation for late delivery of work books can equal your average daily earnings multiplied by the number of days of delay the work book. The employer will write an administrative fine for violation of legislation of the Russian Federation. A fine for individual entrepreneurs is 5 thousand rubles, for legal entities – 50 thousand rubles. Also the decision of the court the work of the enterprise can stop for up to 90 days (article 5.27.Of the administrative code). Do not tighten with an appeal to the labour Inspectorate, the court or the Prosecutor, as the limitation period is 3 months (article 392 TK the Russian Federation).
What to do if you do not give the work book
The situation where the employer does not want to give labour the owner after the employee's dismissal are not uncommon. The reasons may be different, but it certainly violates labor laws and is punishable by law.
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