Фото: What to do if the employer does not give the work book?

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What to do if the employer does not give the work book?

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The work book is an important document that confirms the work activity of the employee. Its loss or untimely return can cause problems when getting a new job, receiving social benefits or a pension. If the employer does not return the employment book after dismissal, you should act quickly and decisively. If you have problems with the return of the employment book, contact the lawyers of the company "Prykhodko and Partners", who will help protect your rights and interests in the field of labor law.

When is the employer obliged to return the employment book?

The manager must give the employee a completed work book on the same day he quit. If the employee is not present at the workplace on the day of dismissal, the employer is obliged to send him a message with information about the need to obtain an employment book. Labor legislation gives the right to the employer to send the work book by mail to the employee's residential address, but only on the condition that the employee has written consent to such delivery.

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If the employer violates this procedure, he may be held liable under the law.

Importantly! If the issuance of the employment book was delayed, the day of dismissal should be the day of its transfer to the employee. If this happens, the enterprise must issue a new order stating the new day of termination of employment, and this information must be entered in the employment book. A previous record of dismissal will be considered invalid.

What to do if the manager does not issue a workbook?

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  1. Sending a registered letter with a description. Send a letter indicating your consent to the mailing of the employment book and the address to which it should be sent. After delivery of the letter, a notification of its receipt by the employer should be received.
  1. Repeated appeal to the manager. In the event that you have not been sent the work book, write a repeated appeal to the employer with a demand for the payment of the average monthly salary during the period of non-return of the work book. Make sure your request is documented.
  1. Appeal to the State Service of Ukraine on labor issues. Write a statement to the body that has the right to draw up protocols on administrative offenses in case of violation of labor regulations.
  1. Appeal to the court. If all previous steps have failed, file a lawsuit to protect your rights. The term of filing a claim is 3 months from the moment the claimant learned or could have learned about the violation of labor rights.

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Assistance of a lawyer in the case of return of the work book

The legal company "Prykhodko and Partners" offers a wide range of legal services, including assistance in situations where the employer refuses to issue an employment book.

Our services include:

  • Consultation and analysis of your situation. The specialists of the company "Prykhodko and partners" will analyze your situation, taking into account all the documents you have provided, evaluate the legal aspects of your case and possible risks, and also provide a complete algorithm for further actions.
  • Preparation and submission of written requests in your interests. Our company will help you prepare an official written request to the employer. They will ensure that the document is drawn up in accordance with all legal requirements and includes all the necessary elements.
  • Representation in the State Labor Service of Ukraine. If the employer ignores your request, the lawyers of the company "Prykhodko and Partners" will help you draw up and file a complaint.
  • Representation of interests in court proceedings. In the event that all previous measures did not lead to a positive result, the lawyers of "Prykhodko and Partners" are ready to represent your interests in court.

In problematic issues of labor relations, the consultation of a qualified lawyer will certainly not be superfluous! If you still have questions, leave a request below and our lawyer will contact you.

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Specializes in support of tenders, protection of copyrights, inventions, patents, trademarks, legal support in cases of administrative offenses.

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