Labor Law Consultation

03.11.2021

TRANSFER OF WORK, DOCUMENTS AND ITEMS WHEN LEAVING WORK. RECEIPT OF DOCUMENTS WHEN LEAVING A JOB.

Necessary steps to take when leaving work:

  1. Your information

We advise you not to store anything in person on your office computer, but if you still have your information on it and the company's policy allows you to download or send information, download the personal information to your USB or send it to your personal email.

Don't forget to clear the contacts in your business phone, as well as delete the settings of your social network accounts, photos, videos, emails and SMS from the computer and the business phone.

  1. Property of the company

Upon leaving, you will have to return the property of the company you use - business phone, car, computer, tablet or other, for which you will have to sign handover protocols. The company should provide them.

If you have signed such protocols at the beginning of the work, but they do not provide them to you when you leave - request them. It doesn't happen often, but it's a good idea to insure yourself if they decide that if you don't have a signed document, you haven't returned your phone, for example, and ask you to pay for it.

  1. Liabilities to the company

If you are a materially responsible person, you should report and return all cash and goods to you - business advance, debts from customers, goods.

You may even be in a position for which a revision or inventory needs to be made.

Your line manager or accountant should organize this process and accept everything.

  1. Bypass sheet

Lastly, they may ask you to fill out a so-called detour sheet, in which you can collect signatures from the departments related to your position, certifying that they have done the work related to your release.

For different companies and positions, these departments are different, but in general these are:

Accounting - in terms of documents and money

Direct manager - in terms of acceptance of inventory

Information technology - in connection with the suspension of your access to a business computer, business email and information system

Human resources - for conducting an outgoing interview, returning powers of attorney, receiving documents, etc.

WHAT DOCUMENTS SHOULD YOU RECEIVE WHEN LEAVING

  1. Completed employment record book

Your completed employment record book must have the signatures of the manager of the company and the chief accountant.

It should also bear a stamp stating your length of service with that employer in years, months and days (or simply written), and a sentence stating whether your work experience is equal to your insurance experience.

Example

If you are employed full-time - 8 hours, then your insurance experience is equal to your work experience.

However, if you are employed on a 4-hour working day, then your length of service is not equal to the insurance period. If in this case your work experience is, for example, 24 months, then your insurance experience will be half - 12 months.

  1. UP-2 and UP-3 certificates

You need the UP-2 and UP-3 certificates when you retire and to certify additional work, if you have done so.

From 01.01.2018 the employer has an obligation to issue you these certificates at your request only for periods before 2000 (Art. 5, para. 7 of the Social Security Code and item 3 of Decision № 411 of 2016 of the Council of Ministers, legal measure 62).

For length of service after 2000, employers are not obliged to issue UP-2 and UP-3, as these data are already in the electronic register of the NSSI.

  1. Official note on your income from employment (under Article 45, paragraph 2, items 1, 2 and 3 of the Personal Income Tax Act)

You need it, if you start working for the next employer in the same year in which your contract was terminated, to equalize income tax.

Ask for your documents to be ready and receive them on your last working day. If they don't, here's what the law says:

The employer is obliged to provide you with the documents for termination of your contract on your last working day - notice, order, employment record book.

The employment record book can be delayed up to 5 working days. The employer then owes insurance for the days of delay.

The other documents (the official note and the certificates UP-2 and UP-3) are issued within 14 days from their request.

If they don't give you all the documents right away, you'll have to go there again when they're ready.

Ask them to hurry, however, because you have a deadline to register with the Labor Office.

WHAT SHOULD I TELL MY BOSS WHEN LEAVING A JOB?

It's about this awkward conversation with your boss, in which he asks you why you decided to leave.

It may happen at the time of your application to leave or on any of the following days.

Be brief and well-meaning, no matter what your vision of the company or its qualities as a leader. This will avoid any future problems with your release.

Share with him your desire for your future development, rather than the problems in the company that led you to this decision.

EXAMPLE

I am grateful for everything I received here, but after… years of working together, I would like to continue my development in another branch/other field, with more opportunities for professional development and growth.

Is it possible to receive a counter-offer for a job during this conversation and whether to accept it?

In any case, ask for time to think about the counter-offer from your current employer. And try to answer the following questions:

Would you have received this salary increase, this new position or these benefits if you had not decided to leave and had just continued to do your job conscientiously?

What is the guarantee that the company will magically change and you will already be happy with it?

Do not tell your new employer that you are considering a counter-job offer from the current one. Only let him know if you decide not to leave and not to start working with him.

HOW SHOULD I SAY WITH MY COLLEAGUES WHEN LEAVING?

Send an e-mail to colleagues.

Send a short e-mail to your colleagues to let them know that you are no longer an employee of the company. Thank them for their time together and wish them success. Leave a personal email and phone number to contact you if you wish.

Whether you like everyone or not, show them how to leave with dignity and be polite. The world is small, you will probably meet some of them in the future, so keep a good tone.

Do the same to the employer if you wish.