How to properly certify a copy of an employment contract from an employer

Before considering a sample work record certification, let’s find out why this may be required. TC is a document that is stored in the organization where its owner works. It is given to the employee after dismissal (or upon a written application from the employee, in accordance with Article 62 of the Labor Code of the Russian Federation).

But there are situations when you need to present this document. You cannot borrow it and take it outside of work. This is where the question arises: how to certify a copy of a work record book in 2021. This will be required in the following situations:

1. To the bank - to confirm employment. Sometimes a certificate in the bank form or 2-NDFL is not enough for credit institutions to verify the stability of the borrower.
2. To the consulate to obtain a visa. This is especially true for business trips.
3. To the Migration Department - to obtain a foreign passport. In accordance with Order of the Federal Migration Service of the Russian Federation No. 320 dated October 15, 2012, such a requirement no longer exists. But sometimes employees of the Ministry of Internal Affairs act the old fashioned way and still require an employment document.

Newly-made pensioners do not need to think about how to certify their work record book according to the new 2021 rules. The Pension Fund of the Russian Federation collects all data on the employment of insured persons in electronic form and is better than any Labor Code in telling who worked where and for how long.

But external part-time workers do not need photocopies of employment documents. It should not be provided at the place of the second job. On the contrary, they must issue a certificate and an order of admission for presentation at the main job. And there, based on these two papers, an additional entry will be made.

Sample of how to certify a copy of a work book from July 1, 2021

Now let's return to the updated GOST. According to its rules, the personnel officer must not only write the word “True” and support it with his full name, position and signature. You should also provide a link to the location of the original.

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That is, a sample certification of a copy of a work book 2021 should contain the following phrase (this is an example with the name of the organization):

Finally, it is necessary to put the current date and company seal. All other requirements known to the personnel officer are still in effect.

Sample of how to properly certify a work record book in 2021

In order for the provided photocopy to have legal force, you need to perform a number of other actions:

1. Scan and/or print all completed sheets. The image should be clear, contrasty and easy to read.
2. It is advisable to number the sheets and stitch them, sealing the ends of the thread at the back. If this is not done, each page will need to be certified separately.
3. Place the seal so that it does not overlap the text of the certification inscription.

Oh quite legal. You can put it down if the employee has expressed such a desire. However, there is no need for it.

How to certify a copy of an employment contract 2021

The defendant sent the required documents to the former employee by registered mail on the fifth day. Considering my rights under Art. to be violated. 62 of the Labor Code of the Russian Federation, due to the failure to issue the specified documents to her within three working days, the woman filed a lawsuit to recover compensation for moral damage.

Typically, the hiring and dismissal of employees is documented by the company's personnel department. He is also responsible for maintaining and storing work books.

The head of the HR department makes a copy of the work book and the entries on it.

Where can I certify a document?

If a person works, to receive it he needs to apply to the personnel department of the enterprise where he works. An organization’s accountant can also issue a photocopy if he is entrusted with the function of maintaining personnel document flow, and there is no human resources department. Within three days after receiving the application, the papers must be handed over to the employee. They have no right to refuse him this.

If a citizen is unemployed, a notary can issue a copy of the Labor Code for him. To do this, you need to contact a notary office, presenting your passport and work record book to the notary. The notary copies the necessary pages, and then puts stamps and his signatures on them. They also make a corresponding entry on each page.

Certification of a copy of the general director's employment contract sample

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

The company seal is placed on it. The seal should be partially on the paper and on the document sheet. To obtain a copy or extract, you must submit an application addressed to the head of the enterprise, and, if there is a personnel department, to his head.

This practice exists in large organizations with a large number of employees. For an employee of a small structure, it is enough to confine himself to a verbal message about the need to obtain a copy of the work book.

Then the HR employee makes a copy only of the first page containing personal data and of the pages relating to the required period.

Why might you need a copy of the employment document?

A document indicating a person’s consistent official employment may be needed not only when applying for employment at his main place of work. The list of reasons for needing to obtain a copy can be quite extensive:

1. Prevention of loss or damage to the original . It is always a good idea to have a copy of such an important document. After all, despite the fact that the employer is responsible for the safety of your work record, unforeseen situations cannot be ruled out when it is damaged or lost, whether due to a human factor or an emergency situation. Restoring data from work records is a rather labor-intensive and time-consuming procedure, so a certified “just in case” copy is insurance against possible troubles.
2. Part-time employment. If the combination of positions is internal, the labor issue is not relevant. After all, the employer, and therefore the personnel service, are the same. But if an employee combines positions in different organizations, then he will need a duplicate of this document to provide it to another employer.
3. Looking for a new job. If a person plans to change his place of employment and is looking for a new job before leaving, then he may need this copy to compile a resume, as well as during interviews.
4. For banking organizations. Banks require this paper in cases where a person is counting on a loan or intends to act as a guarantor when issuing a loan to another person.
5. When applying for a foreign passport. A citizen of the Russian Federation, when filling out an application for a foreign passport, must indicate data on his professional employment as they are formulated in the employment contract. Even if by law it is not necessary to provide a copy for this purpose, having it in front of your eyes in this case will be much more convenient.
6. The social security authorities will ask you to present your work book or a copy of it when assigning a subsidy, allowance or other payments for which work experience matters. An incorrectly certified copy will force you to go through the difficult procedure of waiting in line to see the inspector again.
7. To obtain a visa to certain countries. Some consulates prefer to receive, among other documents for a visa, information about the work experience of the departing citizen.

NOTE! The law does not limit situations in which an institution may require a copy of a person’s employment record. It all depends on the specific situation and goal.

Is it necessary to certify every page of an employment contract?

But, with the entry into force of Order No. 320 of the Federal Migration Service of the Russian Federation in 2013, such a need no longer existed. That is, a citizen has the right not to provide a work book.

Now, to confirm your work activity, you just need to fill out the appropriate field in the application form.

For example, an employee can write in his own hand: “I have received a copy of the employment contract” (signature, date). It is undesirable to fill out this line on a computer and only require the employee to sign. Labor Code of the Russian Federation, an employment contract must be concluded in writing and drawn up in two copies, which have equal legal force.

This is important to know: Where to go if you haven’t paid your salary without a contract

In what cases is a copy of an employment contract needed?

Both the employer and the employee may need a certified copy of the contract.

The citizen provides the document:

• to the bank when receiving a loan;
• when applying for a visa;
• the employer with whom a new employment contract is concluded;
• to court along with the claim;
• to the pension fund to register a pension.

The employer certifies a copy of the contract at the request of regulatory authorities and the court.

Why do original employment contracts disappear?

With a properly built storage system, documents should always be available, located in a specially designated place or archive. But in practice, there are many situations where employment contracts disappear.

The most common reason is an office move. During transportation, many papers are easy to lose; in the turmoil, the necessary document is thrown away or forgotten in its old place.

Sometimes a personnel officer who comes to the company to replace an old employee faces such a problem. If the predecessor was irresponsible in storing papers, there is a high probability that the new employee will not be able to find many of the documents.

Pipe leaks, fires, and other natural disasters can also lead to the loss of important papers. The employees themselves also lose contracts. More precisely, they may lose their copy of the document. However, even in this case, the employer will have to deal with its restoration.

Who certifies the document?

Officials authorized to certify a copy of the employment contract are appointed by local acts of the company.

In practice, document preparation is entrusted to:

• to the head of the company on the basis of the charter;
• an official temporarily replacing the head of the company on the basis of a power of attorney;
• employees of the HR department, accounting department in accordance with orders;
• to the arbitration manager on the basis of a bankruptcy court decision.

You should know! It is allowed to have a copy certified by a notary. You will need to present a genuine document. Each page of the original must be signed by both parties to the contract. You can flash the agreement and sign it at the place where it was flashed. If this is not done, the notary will doubt the authenticity of the contract and refuse certification.

Who has the right to certify copies of personnel documents?

Before certifying a copy of an employment contract, it is important to understand who has the right to do so. When it comes to certification of copies of documents coming from an organization, representation takes place (Chapter 10 of the Civil Code of the Russian Federation). After all, a copy is needed for presentation to third parties, which means that not everyone can certify it.

A copy of the employment contract in the organization can be certified by:

• its leader, since it is he who is its representative by force of law, acting without a power of attorney on the basis of the charter. The law allows for the presence in an organization of several persons who have the right to act without a power of attorney (this must be stated in the company’s charter);
• a person acting as a temporary manager (only with a power of attorney);
• external or bankruptcy trustee (in case of bankruptcy of an enterprise);
• any person if he has a valid power of attorney, which provides the right to certify the compliance of copies of documents with the originals (most often, such powers are vested in the head of the personnel department and the chief accountant).

If the employer is an individual entrepreneur, he or his authorized person (by proxy) can certify a copy of the contract.

It is possible to have a copy of the contract certified by a notary (for a fee), but this possibility exists only for documents whose authenticity cannot be doubted. All their pages must be signed or stitched and sealed with a signature at the place of the firmware. If this requirement is not met, the notary will refuse to certify the copy on the basis of paragraph. 1 tbsp. 45 Fundamentals of legislation on notaries.

How to certify a copy of a contract: step-by-step instructions

Preparing documents and tools (step 1)

You should check the original document for the presence of all sheets, signatures of the parties and the company seal, and the correctness of the information about the employer and employee entered into it. Then use a photocopier to make a copy of all the pages. It should be clearly readable and written on one side of the sheet.

For stitching you need to prepare:

• awl;
• black or white threads;
• a needle;
• a small piece of white paper;
• glue;
• seal of the organization.

It is important to know! A stamp may be used to mark the certification. It can be ordered from a special organization or made independently using typesetting printing.

Staple pages (step 2)

All pages of the document are put together in order and numbered. On the left side, use an awl to make 2-3 holes. Next, the agreement is stitched with thread, the ends are brought to the back of the last page, and tied with several knots.

A sheet of white paper is glued onto the elongated ends of the threads. You need to make sure that the ends are not completely hidden.

Marking (step 3)

“True” is written on the sticker or stamped.

Then enter the following information:

• name of the position of the responsible employee;
• witness's signature;
• decryption of the signature (initials, surname);
• date of registration.

The mark is certified by the company's seal. If a copy is made for transfer to another company, additionally indicate the storage location of the original (company name, case number).

Please note! In practice, it happens that the document is not stapled and is stapled. In this case, each sheet should be certified separately. A mark is placed at the bottom of each page. You can do it using a printer, providing all the necessary information. Then the responsible employee signs the inscription and certifies it with a seal.

Samples of a certified copy of an employment contract:

Sample No. 1 - according to the new standard. Sample No. 2

What mistakes can be made when certifying a copy?

When certifying a copy, you should be careful to avoid mistakes.

The document should not contain:

• additions made in pencil or pen;
• blurry text;
• unclear signatures and stamp;
• seals of the wrong type.

Advice! In practice, there is an option when a document is stapled, the place of fastening is sealed with a sheet of paper, and a mark is made. This type of assurance is unacceptable. The sheets are easy to unfasten and replace with others.

Errors when preparing a document

The following error is often encountered: the organization's seal captures the text or signature of the personnel officer (and it becomes difficult to read what is written in the copy) or is not in the place where it should be (fields marked by MP). The seal impression must be located according to the rules.

It should be especially noted that errors in copies are inappropriate. Also, corrections when writing wording are not allowed. A document executed incorrectly will simply not be accepted from an employee, as it will be considered invalid. If a mistake was made, you need to copy the necessary pages again and certify them properly.

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How to certify a copy of an employment contract sample 2021 step-by-step instructions Link to the main publication

Validity period of the certified copy

The validity period of the copy of the agreement depends on the organization to which it is provided. For example, when preparing a package of papers for a pension fund to register a pension, attach a copy with a mark made no later than 30 days . If the document is submitted to a financial institution, the document is valid for two weeks .

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

The deadlines are set due to the fact that changes can be made to the employment contract by concluding additional agreements. This will oblige the parties to the contract to make a copy of it again and make a certification.

In each specific case, it is necessary to clarify for what period the copy of the contract is valid.

How to make an application for the employer to issue a copy?

According to Article 62 of the Labor Code of the Russian Federation, the employer must transfer to the employee documents related to work activities at his request. Three working days are allotted for this. Copies are certified by the responsible employee and transferred free of charge.

In practice, an oral appeal from a citizen is sufficient. HR department employees take out the employment contract, take a copy, and certify it.

In case of a conflict situation, you need to write a statement addressed to the manager. It must indicate:

• position, full name of the manager;
• company name;
• position, full name of the citizen;
• link to Article 62 of the Labor Code of the Russian Federation;
• request for a copy of the contract;
• date and signature.

The application is made in two copies. One is registered in the employer’s office, the second is returned to the employee with a note about registration of the appeal.

Thus, both the employer and the employee may need a certified copy of the employment agreement. It is most convenient to make a note about the certification from the employer. To do this, you will need to write an application for a copy. In some cases, an oral request from a citizen is sufficient.

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This is important to know: Agreement of the parties on termination of the employment contract: sample 2021

How to properly certify documents using the “Copy is True” stamp

GOST R 7.0.97-2016 does not provide for the affixing of the “Copy is correct” stamp. At the same time, you can use a combination of two stamps - “Copy” and “Correct”. The first of them will mean that the corresponding document reproduces the original, but is not itself such. The second stamp is needed to mark the certification of the copy.

Advice

We do not recommend using the “True Copy” stamp to certify documents.
Especially if copies will be used outside the organization. In conclusion, we note that certification of a copy of a document is a simple procedure that any taxpayer can perform independently. But at the same time, you must adhere to the rules, violation of which may lead to the fact that the copy will not be considered certified. This, in turn, will entail additional costs of time and money. And in some cases it can lead to a fine for violating the deadlines for submitting documents to the Federal Tax Service.

Certification of a copy of a work book for a bank: sample and photo

As a rule, the location of work can be determined depending on whether you perform a labor function somewhere or not. So, if you are officially employed, then the work book, along with some other documents, will be stored in the employer’s organization or in the personnel department.

If you do not work, then, accordingly, the work book is in your hands.

Thus, depending on the position of the document, the methods of making photocopies also change. You can read about certification of a work book for other reasons here. In the HR department, the HR department of an organization is a kind of body that is responsible for all internal documentation of the enterprise, regulatory approval and resolution of a number of problems with paperwork.

Also, the function of the organization’s HR department is to maintain and store work books.

When you are admitted to a position, a personal file is created in your name, where your documents are then sent, starting with a copy of your passport and ending with your work record.

How to stitch documents correctly

Such methods, for example, may include the use of sequential numbering of sheets indicating their total number and identifying details of the document, signing each sheet by the author with the numbering of the sheets, affixing seals or stamps at the intersection of sheets of the document, affixing a continuous relief (pressure) seal through all sheets of the document etc. (clause 1.3. Methodological recommendations for certifying the accuracy of copies of documents and extracts from them). — there is a risk of substitution of sheets in the contract, and if a dispute arises in court, such discrepancies in contracts are not always interpreted in favor of the employer. The employer will still need to prove that the forgery was committed by the employee and not him.

We wrote more about document firmware in the material at the link. Forgery of a stitched contract is less likely, and the fact of forgery itself may become more obvious, because

• When and how to conduct a personnel audit Maintaining personnel document flow in strict accordance with the letter of the law is necessary, since these documents are used not only by the personnel service, but also by the accounting department to calculate wages. They can be checked by the labor inspectorate and tax authorities; employees may need extracts and certificates.
• Personnel audit. What documents does your company need to have? An audit of personnel records management is one of the most important components of the procedure for assessing the effectiveness of the entire personnel management system and the human resources potential of an organization or an independent procedure as part of measures to reduce the fiscal and reputational risks of the company, including when resolving labor disputes in court.

Why do you need to certify copies?

GOST R 7.0.8-2013 “System of standards for information, library and publishing.
Record keeping and archiving. Terms and definitions" (approved by order of Rosstandart dated October 17, 2013 No. 1185-st) divides all copies taken from documents into regular and certified. In this case, a copy is recognized as a copy of a document that completely reproduces the information of the original. And a certified copy is a copy that contains details that ensure its legal significance. Receive requirements from the Federal Tax Service and send requested documents via the Internet

As you can see, certification of a copy is necessary to give it legal significance. In other words, only such copies are used in official document circulation, including for submission to state and municipal authorities or for transfer to other organizations, individual entrepreneurs and individuals.

In particular, it is certified copies of documents that can confirm expenses for tax purposes (letter of the Ministry of Finance dated October 25, 2019 No. 03-03-06/1/82236). You will also have to certify copies of paper documents submitted to the tax office in response to the corresponding requirement (Clause 2 of Article of the Tax Code of the Russian Federation).

Attention

You can facilitate and speed up the process of sending documents to the inspection using special services, for example, the “Connector Kontur.Extern” web service. It makes it possible to prepare and send tens of thousands of electronic documents to tax authorities at a time, while approximately 9 thousand documents are processed per hour. Through the “Connector” you can transfer to the Federal Tax Service any electronic documents created in approved formats (for example, invoices, TORG-12 invoices, etc.), as well as scanned images of any documents created on paper: acts, contracts, payments and etc.

Connect to Kontur.Extern for free with your electronic signature

The employee asks the HR or accounting department for copies of documents - to issue them or not and in what form

The Labor Code stipulates that in some cases the employer is obliged to provide the employee with copies of orders for admission, transfer and dismissal, as well as some certificates, for example, about salary. At the same time, workers require not only the documents named in the code. Should the employer grant their request? What documents may an employer not issue to an employee? How to certify a copy of a document? What is the judicial practice in such disputes? You will get answers to these and some other questions by reading the article.

What documents is the employer required to provide to the employee?

– copies of orders on hiring, transfers to another job, and dismissal;

– extracts from the work book;

– certificates of wages, accrued and actually paid contributions to compulsory pension insurance, period of work with a given employer, etc.;

– a work book for the purpose of compulsory social insurance (security) of the employee (he is obliged to return it to the employer within three working days from the date of receipt of the work book from the body that carries out compulsory social insurance (security).

The obligation to issue documents to the employee is also established by other norms of the Labor Code. In particular, in accordance with Art. 68, at the request of the employee, the employer is obliged to provide him with a duly certified copy of the order (instruction) on hiring. Article 84.1 talks about documents issued upon dismissal. In particular, at the employee’s request, a duly certified copy of the order (instruction) to terminate the employment contract must be issued, and, based on a written application, certified copies of work-related documents must be issued. And of course, on the day of dismissal, a work book is issued.

In addition, in Art. 89 of the Labor Code of the Russian Federation determines that in order to ensure the protection of personal data stored by the employer, employees have the right, among other things, to receive copies of any record containing their personal data, except for the cases provided for in Part 8 of Art. 14 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” .

Is the employer obliged to provide copies of local regulations (internal labor regulations, wage regulations, etc.) related to the employee’s work activity, upon his application?

It is impossible to give a definite answer to this question. Let's explain why. The courts, when considering disputes about the issuance of documents, say that the list of documents in Part 1 of Art. 62 of the Labor Code of the Russian Federation is not exhaustive; in addition to those named in this norm, the employer is obliged to issue other documents. At the same time, in recent judicial practice, workers have been denied requests for the issuance of wage regulations and annexes to the collective agreement. The courts justify their decisions by the fact that in relation to local regulations, labor legislation provides for the employer’s obligation to familiarize themselves with them under signature, but not to provide these documents to the employee (see, for example, the appeal rulings of the Supreme Court of the Komi Republic dated August 24, 2015 in case No. 33 ‑4430/2015 , Khabarovsk Regional Court dated 02/11/2015 in case No. 33‑888/2015 ).

Note that the requirements for the employer to issue documents to the employee are contained in several federal laws and acts. Let's present some of them in the table.

Sample employment contract with an employee 2021

drawn up and signed by the Employee personally or his legal representative Consent to the collection and processing of personal data; The Employer is obliged to familiarize the Employee with the Internal Labor Regulations, other acts of the Employer related to the work (labor function) of the Employee, and the Collective Agreement (if any); limited legal capacity adult citizens of the Republic of Kazakhstan - an identity card or passport, as well as documents proving the identity and powers of the legal representative; capable adult citizens of a member state of the Eurasian Economic Union (except for citizens of the Republic of Kazakhstan) - a foreign passport and a document containing an individual identification number (registration certificate of registration of a non-resident as a taxpayer, issued by an authorized state revenue body (tax authority)), after 30 days from the date of entry into the territory of the Republic of Kazakhstan - a document confirming the legality of the entry and stay of the specified citizen on the territory of the Republic of Kazakhstan (migration card); limited legal capacity adult citizens of a member state of the Eurasian Economic Union (except for citizens of the Republic of Kazakhstan) - a foreign passport and a document containing an individual identification number (registration certificate of registration of a non-resident as a taxpayer, issued by the authorized state revenue body (tax authority)), upon expiration 30 days from the date of entry into the territory of the Republic of Kazakhstan - a document confirming the legality of the entry and stay of the specified citizen on the territory of the Republic of Kazakhstan (migration card), as well as documents identifying the identity and powers of the legal representative; a document on education, qualifications, availability of special knowledge or professional training when concluding an employment contract for a job requiring relevant knowledge, skills and abilities.

Don’t forget to also prepare the employee’s job description, which will allow you to most fully define the range of job duties and responsibilities of the employee. You can also look directly at the sample chef job descriptions. economist. legal adviser. cashier and other employees. To register an employee, first of all, do I need to register as an “employer” with the Pension Fund of the Russian Federation, or can I register an employee under an employment contract? Dilya, first you hire an employee, then no later than 30 days from the date of conclusion of the employment contract you must register with the Pension Fund of the Russian Federation as an employer.

When and to whom are work-related documents issued?

Some employees believe that the employer, even if the documents are sent by mail, must meet the three-day deadline. However, it is not.

The employee contacted her former employer with a written request to send her service-related documents by registered mail. The defendant sent the required documents to the former employee by registered mail on the fifth day. Considering my rights under Art. to be violated. 62 of the Labor Code of the Russian Federation , due to the failure to issue the specified documents to her within three working days, the woman filed a lawsuit for compensation for moral damage. Refusing to satisfy the stated claims, the court of first instance proceeded from the fact that the employer complied with the requirements of the dismissed employee within a reasonable time to carry out these actions; the documents were sent to her by registered mail after three days on the first working day ( Appeal ruling of the Voronezh Regional Court dated 06/07/2016 in case No. 33-3912/2016 ).

If you miss the deadline for issuing documents, what happens to the employer?

Please note that not only a working employee, but also one who has already been fired can apply for documents. Moreover, a former employee can contact the employer even after two, three, or ten years, and the employer will be obliged to satisfy the employee’s request (if he needs the documents to exercise certain rights) to provide copies of the documents.

Instead of the employee, another person, for example, relatives, can receive the documents. To do this, the employee must issue a power of attorney for a specific person - spouse, child, mother, etc. Moreover, in this case, a notarized power of attorney is not required. In order for the authorized person to receive documents, he must present to the employer:

– a statement written by the employee;

To prepare and issue copies of documents, the employer needs a corresponding application from the employee. Such a statement is written in any form. It should clearly indicate the names of the documents that the employee needs, and, possibly, the number of copies. Let's give an example of a statement.

To the Director of Romashka LLC

from manager T. D. Krasnova

on the issuance of work-related documents

Based on Art. 62 of the Labor Code of the Russian Federation, I ask you to provide me with duly certified copies of the following work-related documents in connection with my dismissal:

– a copy of the order for transfer to the position of manager;

– a copy of the employment contract.