Publication date: 15.05.2024
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Sending work book abroad
SITUATION
Mrs. Victoria, who, in connection with the active hostilities in the east of Ukraine, was evacuated to Germany with her family addressed to the State Labor Office. Ms. Victoria decided to resign from her job and asked her employer to send her an employment book to her place of temporary residence, namely the city of Wuppertal. But the employer refused her. Is such a refusal legal and how can I get my work record while abroad?
COMMENT
In accordance with the requirements of the first part of Article 47 of the Code of Labor Laws of Ukraine (hereinafter referred to as the Labor Code of Ukraine), the employer is obliged on the day of dismissal to issue to the employee a copy of the order (order) on dismissal, a written notification of the amounts accrued and paid to him upon dismissal, and to settle with him in the terms specified in Article 116 of the Labor Code, as well as at the request of the employee to make appropriate records of dismissal in the labor book kept by the employee.
The work book is issued to him under a receipt in the accounting journal.
If the employee is absent from work on the day of dismissal, it is impossible to personally issue the employment book to him. In this case, the owner or the body authorized by him on this day sends him a postal message indicating the need to obtain a work book. Forwarding the work book by mail with delivery to the specified address is allowed only with the written consent of the employee.According to Article 7 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the organization of labor relations under martial law", during the period of martial law, the procedure for the organization of office management on matters of labor relations, the preparation and maintenance of labor books and the archival storage of relevant documents in in areas of active hostilities is determined by the employer independently, provided that reliable records of the work performed by the employee and accounting of labor costs are ensured.
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At the same time, we note that in accordance with the third paragraph of Clause 37 of the "Rules for the provision of postal services", approved by Resolution No. 270 of the Cabinet of Ministers of Ukraine dated March 5, 2009, it is prohibited to send permits for the right to bear arms, work books, military tickets, identity documents (except for forwarding in registered international mail passports of citizens of Ukraine for travel abroad, as well as during the period of martial law or for the period ending on the last day of the month in which the quarantine established on the territory of Ukraine by the Cabinet ends Ministers of Ukraine, passports of citizens of Ukraine, identity cards for returning to Ukraine).
If, in the event of dismissal, the employee cannot appear in person at the enterprise to receive the work book, he can exercise his rights and obligations through representation, that is, he has the right to entrust the receipt of the work book to a third party.According to the third part of Article 244 of the Civil Code of Ukraine (hereinafter - CCU), a power of attorney is a written document issued by one person to another person for representation before third parties. A power of attorney to perform a deed by a representative can be given by the person represented (the principal) directly to a third person. In accordance with the second part of Article 245 of the CCU, a power of attorney issued in the order of delegation is subject to notarization.
If the power of attorney meets the requirements of the law, then on the condition that the representative provides a document certifying his identity, the employer can issue him the work book of the principal, leaving the original or a duly certified copy of the power of attorney and a copy of the document certifying the representative's identity for storage at the enterprise. In the Book of accounting for the movement of work books and their inserts, it is noted that the work book was issued on the basis of a power of attorney, specifying the name and initials of the recipient and the details of the power of attorney.
We note that work books and their duplicates, which were not received by employees upon dismissal, are kept for two years in the personnel department of the enterprise separately from other work books of employees who are at work. After this period, unclaimed work books (their duplicates) are stored in the company's archive for 50 years, and after the specified period they can be destroyed in accordance with the established procedure.
