The work record book is the primary document of an employee's work activity

The work record book is the main document on the employee's work activity in cases where its completion is mandatory. Work record books are filled out by the employer for all employees working for more than five days, including those starting work for the first time, if the work with the employer is the primary job for the employee.

The work record book contains information about the employee, the work performed by them, transfers to another permanent job, dismissal of the employee and grounds for termination of the employment contract, awards and incentives for work success, and other information.

The work record book must be issued to the employee personally on the day of dismissal (the last working day). However, this is not always the case. It happens that the employee is sick on this day, is on vacation, and cannot receive it. And if they disagree with the dismissal, they may refuse to take the document altogether.

Pursuant to Article 50 of the Labor Code of the Republic of Belarus (hereinafter referred to as the LC), for delaying the issuance of the work record book through the fault of the employer, the employer is liable in accordance with Article 79 of the LC.

The procedure for filling out and issuing work record books is regulated by the Instruction on the Procedure for Maintaining Work Record Books, approved by the Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus of June 16, 2014, No. 40.

Thus, the work record book is issued to the employee on the day of dismissal with an entry about dismissal made in it. If the issuance of the work record book is delayed through the fault of the employer, the dismissal date is changed to the date of issuance of the work record book. In this case, an order (directive) of the employer is issued regarding the new dismissal date of the employee (termination of the employment contract (contract)), and an entry is made in the work record book. The previously made entry about the dismissal date is recognized as invalid and is changed in the prescribed manner. If the employee is absent from work on the day of dismissal or refuses to receive the work record book, the employer shall send them a registered letter with notification of delivery on the same day, requesting them to appear to receive the work record book.

Many employers neglect the above requirements, not considering that in the future

an employee has the right to demand payment of average earnings for each day of delay in issuing the work record book, as without it, a citizen cannot be employed by another employer at their primary place of work.

For example, M. worked as a security guard at an open joint-stock company. On 14.10.2019, he was handed a notice of upcoming dismissal due to the liquidation of the enterprise, and therefore he believed that his last day of work was 13.12.2019. On 13.12.2019, M. worked until 24:00 and handed over his shift. However, his work record book was not issued to him, and on 17.12.2019, he was informed of the order of dismissal for absenteeism.

Citing the fact that his dismissal was carried out in violation of labor legislation, M. filed a lawsuit with the court to change the wording of the reason for dismissal, to recover average earnings from the defendant for the delay in issuing the work record book, and other claims.

The court established that the work record book was not issued to M. on the day of his request, the corresponding letter with notification, as provided for by the Instructions, was not sent, and an act of refusal to receive the work record book was not drawn up. The fact that the enterprise's employees drew up a memorandum to the bankruptcy trustee is not such an act within the meaning of the Instructions.

Moreover, as evidenced by the explanations of the enterprise's employees, the entry of M.'s dismissal was made in his work record book after he applied to the court and was handed over to the plaintiff only on 06.02.2020.

Under these circumstances, due to the delay in issuing the work record book, M.'s dismissal date was changed to the date of issuance of the work record book – 06.02.2020, and average earnings for the period of forced absence from 17.12.2019 to 06.02.2020 were recovered in favor of the plaintiff.

It should be noted that after the specified amount is withheld from the enterprise, the damage caused may subsequently be recovered from the officials responsible for violating the legislation and the untimely issuance of the work record book to the employee.

Prosecutor of the Department for Supervision
of Compliance with the Law in Civil Cases
of the Regional Prosecutor's Office Irina Tavtyn