Refusal to work under new conditions. Termination of an employment contract due to the employee's refusal to continue working due to a change in the terms of the contract determined by the parties. How to change an employee's job description

Good afternoon.

Yes, you can opt out as you are not fired yet.

In the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the conditions determined by the parties employment contract cannot be saved, it is allowed to change them at the initiative of the employer, with the exception of changing the labor function of the employee.
The employer is obliged to notify the employee in writing not later than two months, unless otherwise provided by this Code.
If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to the employer (as vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower paying job), which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.
In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of this Code, to adopt local regulations , introduce part-time (shift) and (or) part-time working week for up to six months.
If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with clause 2 of part one of Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.
Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.
Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

Submit the application by requesting that the copy be marked as accepted.

Spanking You are not fired, you have the right to use your labor abilities in your own interests

Mass layoff criteria are established by industry agreements and, as a rule, depend on the terms in which employees are released and the percentage of the total number of employees. It is important to consider that Art. 74 of the Labor Code of the Russian Federation provides for the right, and not the obligation of the employer, to dismiss under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation of an employee who does not agree to work in new, changed conditions. Even if the specialist does not agree to work in the new conditions, the employer has the right to leave him at work. However, this employee must work under the same conditions, and the employer is obliged to ensure such working conditions.

Changing the terms of an employment contract without the consent of the employee

The following organizational or technological changes in conditions are possible:

organization's management structure;
forms of organization of activity (brigade, rental, contract, etc.);
modes of work and rest;
labor standards;
organizational structure, redistributing the load between departments or positions and changing the wage system;
production technologies.

The employee does not always agree with the optimization of the conditions in which he works. In this case, you will have to go to dismissal due to disagreement with changes in working conditions (p.

7 h. 1 tbsp. 77 of the Labor Code of the Russian Federation). In order to avoid further litigation, it is necessary to strictly follow the procedures provided for by law.

Dismissal if the employee does not agree to continue working in the new working conditions

Note that quite often such a basis for dismissal is used when an employee has “immunity” from dismissal at the initiative of the employer, and the company wants to part with him. But in the event of a dispute, the employer will have to:

prove that it was impossible to keep the terms of the employment contract in its original form;

provide evidence that these changes occurred due to organizational or technological reasons.

In addition, it is important to remember that any innovations should not affect labor function employee. After all, its change is possible only by mutual agreement of the parties.

Attention

At the same time, in some cases, a change in the labor functions of an employee at the initiative of the employer is possible. Let us consider cases when management has the right to adjust the job responsibilities of an employee or reduce their volume, and, as a result, the official salary.

Info

The procedure for dismissal due to a change in working conditions Changing the labor function at the initiative of the employer must be accompanied by certain actions in the process documentation changes. Step 1. Make a decision Change official duties at the initiative of the employer begins with the adoption of such a decision by him.

Important

Article 74 of the Labor Code of the Russian Federation provides for the need to inform the employee about future adjustments to the terms of the contract and about the reasons that caused them in writing at least two months in advance. To do this, the manager sends a notification to the employee.

Step 2. We notify the employee The employer issues a notice warning the employee that there will be an adjustment to the previously established working conditions, including a change in the labor function (it is forbidden to force an employee to change unilaterally at the initiative of the employer).
Dismiss in connection with the refusal to continue work in the new conditions on the basis of clause 7 of part 1 of article 77 Labor Code RF can employees: When an employee is dismissed due to refusal to work in the new conditions, the employer, in case of a dispute with the employee, must have evidence that confirms that the change in the terms of the employment contract was the result of changes in organizational or technological working conditions. This is stated in paragraph 21 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. If the employer cannot provide such evidence and link one to the other, then changing the terms of the employment contract, and hence the dismissal of employees who refused to continue working under the new conditions, may be considered illegal. The courts also point to this, see, for example, the appeal ruling of the Moscow City Court of April 22, 2015.

In these cases, without changing the official name, the employee may be entrusted with the performance of duties stipulated by the characteristics of other positions, similar in content to work, equal in complexity, the performance of which does not require a different specialty and qualifications. Thus, a change by the employer of the employee's official duties is not a change in his labor function in the sense of the provisions of Art.

57, 60, Art. 72 of the Labor Code of the Russian Federation. At the same time, it must be borne in mind that if the employer does not carry out structural reorganization, but he simply needs to change the job responsibilities of an employee or group of employees, supplementing or adjusting existing responsibilities, it is enough for him to issue a new job description. That is, changing the job description at the initiative of the employer is permissible.

date and reason for dismissal.

The date of dismissal is the last day of work of the employee. It is necessary to pay attention to the fact that when issuing an order, it makes reference to clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation. The order is signed by the leader. The employee specified in the document gets acquainted with it under the signature with the date.
If the employer does not have the opportunity to familiarize the subordinate with the order in writing or he does not want to get acquainted with him under the signature, an appropriate mark must be made in the document. Download It is necessary to make an entry in the work book about the termination of the employment contract due to the employee's refusal to continue working due to the changed terms of the contract.
In the case under consideration, the record of the grounds and reason for dismissal is given in accordance with the wording provided for in paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, with reference to this norm.
Based this order personnel service prepares a notice to the employee about upcoming changes to the terms of the employment contract determined by the parties. The employee must be notified at least two months in advance.
2 tbsp. 74 of the Labor Code of the Russian Federation). For employer - individual this period is two weeks (Article 306 of the Labor Code of the Russian Federation). 3. The employee must be familiarized with the notification against signature. Once again, we note that it should contain information not only about the nature of the changes, but also about their causes. In the notice, it is advisable to establish a period during which the employee needs to decide on his decision to work in the new conditions.

Often, in practice, the question arises about the start time of the two-month period. The problem is that it is not clear from what date this period begins to be calculated - from the day the notice is delivered to the employee or the next day after it is received.

Thus, in practice, the employer has the right to abolish the department or otherwise structural subdivision in which the employee worked, transferring his functions to another department or department or distributing them among several departments. The employer can determine the employee of the liquidated department in new department or a unit that is entrusted with the functions previously performed by this specialist. However, the employer does not have the right to change the labor function of the employee. If, for example, a person works in one specialty, the employer cannot, in accordance with Art. 74 of the Labor Code of the Russian Federation to offer him a job in another specialty. However, if the employee agrees, then there are no obstacles to this (Article 72 of the Labor Code of the Russian Federation). At the same time, the employer may have an objective need to change some of the duties of a specialist without affecting the essence of his labor function.
Dismissal of an employee in connection with the employee's refusal to continue working due to a change in the terms of the employment contract determined by the parties Procedure 1. Issue an order to change the organizational or technological working conditions Organizational changes may include: - changes in the management structure of the organization; - introduction of forms of labor organization (brigade, rental, contract, etc.); – change of work and rest regimes; - introduction, replacement and revision of labor standards; - changes in organizational structure enterprises with a redistribution of the load on departments or on specific positions and, as a result, a change in wage systems.

We notify the employment authorities Due to innovations in the organization or labor technology, there may be a threat of mass layoffs, and then the employer has the right to introduce part-time work. It is defined by Part 5 of Art. 74 of the Labor Code of the Russian Federation. An industry agreement will help determine whether a potential layoff is mass, in its absence, the Regulations on the organization of work to promote employment in conditions of mass layoffs (approved by

Decree of the Council of Ministers of the Russian Federation No. 99 dated February 5, 1993). The maximum term for the introduction of the regime is six months. The employer is obliged to notify the employment service of the fact of the introduction of the regime no later than three working days after the decision to carry out activities. Download If the reduction concerns at least one staff unit, the head two months before the event warns the employment service. At mass layoffs three months' notice is required.
We receive consent or refusal The refusal can be indicated either directly on the notification, or as a separate application that must be registered. Download If the employee does not object to working in the new conditions, the following is performed:

changing the job description (at the initiative of the employer), familiarizing the employee with it;
issuing and signing additional agreement, which includes information about updated conditions (this can be a place of work, size wages, the term and beginning of the contract, the nature of the work).

Since changing job responsibilities without the consent of the employee is not allowed, the procedure for the employer to continue working in a new way in the absence of the consent of the employee will be different. Step 4

terminate the employment contract with him under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Dismissal on this basis is carried out with the payment of a severance pay in the amount of two weeks of average earnings (part 3 of article 178 of the Labor Code of the Russian Federation), which is intended to at least partially compensate the employee for the loss of a job through no fault of his own "voluntarily" or "by agreement of the parties ". Formally, termination of employment contracts on these grounds is possible at any time and under various circumstances, but the most important condition for their application is the voluntary decision of the employee. Forcing an employee to dismiss on these grounds is easily detected in the courts.

Example

In practice, it is not uncommon for employers who do not want to incur additional costs for the payment of severance pay, seek to force an employee to resign at his own request. It should be remembered that such a dismissal can be appealed by the employee in court and, as a rule, its true reason is revealed during the trial. If a " own wish"the employee arose under pressure from the employer, the dismissal will be declared illegal, and the employee's claims will be satisfied. An alternative basis for dismissal may be an "agreement of the parties" (clause 1, part 1, article 77 of the Labor Code of the Russian Federation), however, the employee's voluntariness is also his main condition.

“We choose, we are chosen” - the job search process can be quite accurately described by a line from a famous song. Not surprisingly, applicants have to not only listen to employers refuse, but also say “no” themselves. How to do it correctly?

To help your diplomatic skills in your career, read the recommendations.

How not to go to interviews
“I sent my resume to the vacancy, they called me and invited me for an interview. Already after we agreed on a meeting, I realized that I did not want to go. Firstly, a good place is planned in another company, and secondly, it is difficult to get to this office. Is it worth it to call and refuse? Maybe just not show up for the interview?

Applicants give each other advice, as they say, to the best of their upbringing. "Why to call? Recruiters constantly promise to call us back and do not call back”; “Be sure to inform that you will not come, so as not to make a person wait for you in vain” - opinions, as we see, are polar.

And yet, experts recommend taking the time to make a call or write an email, even if you don’t feel like it, it’s unpleasant or just laziness. Since recruiters do not keep their promises, then we will not - such logic is unacceptable for a polite and responsible person. Whatever they say, diplomacy is an obligatory weapon of a specialist who is tuned to career achievements.

Cultivating a culture of rejection is also necessary because the professional world is often tighter than we think. It is possible that you will still have to intersect with this company or even with a specific recruiter. Rest assured that your diplomatic efforts will not be in vain. Many HR managers maintain their database of applicants, and if the mark “did not appear” appears opposite your last name, then most likely the path to this company will be closed to you.

According to the Research Center of the recruiting portal site, 22% of recruiting managers are sure that they usually lie "in the absence of a culture of behavior and business ethics”, 19% - in irresponsibility. Obviously, no one wants to be among the uncivilized and irresponsible. Therefore, you still have to call and cancel the arrangement. If you don't get through, send an email.

It is better to do this in advance, for example, on the eve of the appointed day of the interview. It didn’t work out - call at least an hour or two in advance: the recruiter will have time to reschedule his working hours.

How do you explain your refusal to appear for an interview? Since the negotiations have just begun, no special explanation is required - a polite message in a friendly tone is enough. “Thank you for being interested in my candidacy, but the circumstances are such that now I am not ready to negotiate a job in your company. I wish you to find the right manager. Have a good day, ”such a message will leave no doubt about your good manners and knowledge of the rules of business ethics. Most likely, no further explanation is required - recruiters encounter such cases quite often.

“I have to refuse your offer…”
Another thing is if you have already passed the selection, attended interviews, completed test tasks and received a job offer. Or perhaps you have agreed, and on Monday you are expected at a new workplace. And suddenly you changed your mind: a more interesting option was found, a child fell ill, doubted the prospects - the reasons may be different. How to be?

Here you can not do without explaining the reasons for your refusal, at least in in general terms. Both the recruiter and the future boss, and you yourself have spent a lot of time and effort on interviews. If at the final stage of negotiations one of the participants suddenly refuses to continue them, the rest have the right to know about the reasons. Such explanations are not justifications at all, but reasonable observance of ethical norms.

Politely and kindly explain why you do not want to join this company. “I have another offer, and at the moment it is more interesting to me”; “I have soberly assessed my capabilities and have to refuse your offer: it is inconvenient for me to spend two hours on the road to the office”; “At the current place, I was offered to lead new project, so I stop looking for a job, ”in most cases, you don’t need to invent anything. Both the HR manager and the boss are likely to understand your motives without any embellishment.

However, if the reason for your refusal lies in the personality of the future leader or in the poor, in your opinion, organization of business processes in the company, do not rush to declare it publicly. The art of diplomacy is to smooth out the negative moments. So instead of posting everything you think (“Look for others who want to work from dawn to dusk and tolerate an unbalanced boss for such a salary”), it’s better to say: “Now I’m not ready to accept your offer, because the working conditions do not suit me” .

At this stage, it is better to report the refusal by phone. Email is also acceptable, but personal contact is preferable. Don’t forget to thank the failed employer for taking the time, wish you all the best, and if your refusal puts someone in an awkward position (for example, if you already agreed and had to go to work), then also apologize for the inconvenience caused.

“Do unto others the way you want them to do unto you” - this adage has not lost its relevance for centuries. If we want recruiters to honestly inform us about the refusal, and not leave us alone with conjectures, then it makes sense to comply with all agreements ourselves and report the decision in time.

Good luck in your job search!

Reading 11 min. Published on 11/13/2016

1. The procedure for terminating an employment contract due to the employee's refusal to continue working due to a change in the terms of the contract determined by the parties

In accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, an employment contract with an employee is terminated due to the employee's refusal to continue working when the terms of the employment contract determined by the parties change (part 4 of article 74 of the Labor Code of the Russian Federation).

The terms of the employment contract may change due to changes in equipment and production technology, structural reorganization of production and other reasons. Therefore, this list of reasons for changing the terms of the contract is not exhaustive.

Important! According to paragraph 21 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2, when considering a case on reinstatement at work, the employer is obliged to provide evidence confirming that the change in the terms of the employment contract determined by the parties was the result of changes in organizational or technological working conditions (for example, changes in technology and production technology, improving workplaces based on their certification, structural reorganization of production) and did not worsen the position of the employee compared to the conditions collective agreement, agreements. Yes, Leningrad regional court in the Definitions of 03.02.2010 N 33-511 / 2010 and of 01.27.2010 N 33-284 / 2010 indicated that in support of his position, the employer provided evidence confirming the change in organizational working conditions and production technology. Accordingly, they were rightfully introduced a part-time working week regime in the organization.

In the absence of such evidence, the termination of the employment contract under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation or a change in the terms of an employment contract determined by the parties cannot be recognized as legal (see the Ruling of the Moscow City Court of 07/06/2010 in case N 33-19889).

The employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties must be formalized by the employee's application or recorded in the notification of such a change. The continuation by the employee of work after the expiration of the warning period means his consent to work in the changed conditions and requires a written consolidation of the new conditions in the employment contract.

1.1. Notification of employees about changes in the terms of the employment contract determined by the parties

According to Art. 74 of the Labor Code of the Russian Federation about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than two months in advance. Accordingly, the notice must indicate the basis for the decision to change the terms of the contract and the date of their entry into force, taking into account the two-month notice period.

With this document it is necessary to familiarize the employee against signature. At the same time, he must record in writing his consent or disagreement to continue working in the changed conditions.

If the employer does not notify the employee of the upcoming changes or does it improperly, then in the event of dismissal under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (refusal to continue work in changed conditions), the court may recognize the termination of the employment contract as unlawful and reinstate the employee at work.

More about law enforcement practice upon termination of the employment contract due to the employee's refusal to change the terms of the employment contract, see the "Guide to labor disputes. Disputable situations upon dismissal in connection with the refusal of the employee to change the terms of the employment contract.

situation from practice. Can it be considered that the employee was notified of the change in the terms of the employment contract if the notification was read to him, but he refused to sign it?

In this situation, it cannot be recognized that the employee was properly notified of the change in the terms of the employment contract.

According to part 2 of Art. 74 of the Labor Code of the Russian Federation about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than two months in advance. The representative of the employer must familiarize the employee with the notice against signature. If the employee refuses to sign, then it is necessary to draw up an act stating that the notice of the change in the terms of the employment contract determined by the parties was presented to the employee and read aloud, but the employee refused to sign the document. In this case, it can be considered that the employee was notified properly.

1.2. Offer of another job due to the employee's refusal to continue working due to a change in the terms of the employment contract

In accordance with Part 3 of Art. 74 of the Labor Code of the Russian Federation, if the employee does not agree to work in the new conditions, the employer is obliged in writing to offer him another job he has (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) that the employee can perform considering his state of health. At the same time, the employer must offer the employee all the vacancies that meet the specified requirements that he has in the area. He is obliged to offer vacancies in other localities, if it is provided for by a collective or labor contract, agreements.

An offer of another job can be recorded both in a notice of a change in the terms of an employment contract determined by the parties, and in separate document. Only in the absence of vacancies or a written refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (part 4 of article 74 of the Labor Code of the Russian Federation).

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2. Issuance of an order to terminate the employment contract due to the employee's refusal to continue working due to a change in the terms of the contract determined by the parties and drawing up a note-calculation

The termination of an employment contract is formalized by an order ( unified form N T-8). The basis for its publication is the written refusal of the employee to continue work in connection with a change in the terms of the contract determined by the parties, the details of which are reflected in the column "Basis".

The order indicates the surname, name, patronymic of the employee and the last day of work.

With the order (instruction) on the termination of the employment contract, you must familiarize the employee against signature. If a this document it is impossible to bring to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made in the order (instruction) (part 2 of article 84.1 of the Labor Code of the Russian Federation).

3. Making an entry in the work book upon termination of the employment contract due to the employee's refusal to continue working due to a change in the terms of the contract determined by the parties

An entry on the termination of the employment contract is made in the work book. At the same time, it is indicated that the contract was terminated due to the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties on the grounds of clause 7, part 1, art. 77 of the Labor Code of the Russian Federation.

The work book is issued to the employee on the day the employment contract is terminated (part 4 of article 84.1 of the Labor Code of the Russian Federation). Upon receipt of it, the employee must sign on a personal card and in the book of accounting for the movement of work books and inserts in them (clause 41 of Decree of the Government of the Russian Federation of 04/16/2003 N 225 “On work books»).

The record of the termination of the employment contract is certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee (clause 35 of Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books").

4. Issuance of a personal card upon termination of the employment contract due to the employee's refusal to continue working due to a change in the terms of the contract determined by the parties

An entry is made in the personal card (unified form N T-2) on the termination of the employment contract due to the employee's refusal to continue working due to a change in the terms of the employment contract determined by the parties on the grounds of clause 7, part 1, art. 77 of the Labor Code of the Russian Federation.

5. Payments to the employee upon termination of the employment contract due to the employee's refusal to continue working due to a change in the terms of the contract determined by the parties

Payment of all amounts due to the employee is made on the day of his dismissal. If the employee did not work on that day, then the corresponding amounts must be paid no later than the day following the presentation by the dismissed employee of the demand for settlement (part 1 of article 140 of the Labor Code of the Russian Federation). In the event of a dispute about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him (part 2 of article 140 of the Labor Code of the Russian Federation).

Based on Art. 127 of the Labor Code of the Russian Federation upon termination of the employment contract, the employee is paid financial compensation for all unused vacations. In addition, he is paid severance pay in the amount of a two-week average salary (part 3 of article 178 of the Labor Code of the Russian Federation).

6. Issuance of documents upon dismissal due to the employee's refusal to continue working due to a change in the terms of the contract

According to part 4 of Art. 84.1 of the Labor Code of the Russian Federation on the day of termination of the employment contract, the employer is obliged to issue to the employee, upon his written application, duly certified copies of documents related to work. In addition, in accordance with paragraphs. 3 p. 2 art. 4.1 federal law dated December 29, 2006 N 255-FZ, the employee must be issued a certificate of the amount of earnings for two calendar years preceding the year of termination of work (service, other activities).

A previously dismissed employee may also apply for this certificate. In this case, the employer must issue it no later than three working days from the date of submission of the written application. An employee can submit an application in person, through his legal representative (trustee) or send it by mail. If the application is submitted through an authorized person, then it is necessary to submit documents proving the identity and authority of this person. The employer is responsible for the accuracy of the information contained in the certificate (Article 15.1 of Law N 255-FZ).

The form of the certificate and the procedure for its issuance are approved by Order of the Ministry of Labor of Russia dated April 30, 2013 N 182n.

7. Sending information about the dismissal of an employee

7.1. Submission of information to the military registration and enlistment office upon dismissal of an employee

The employer is obliged within two weeks to inform the military registration and enlistment office and (or) local authorities about the dismissal of an employee subject to military registration. Information about the dismissed person is submitted in the form specified in Appendix N 9 to methodological recommendations on maintaining military records in organizations approved by the General Staff of the Armed Forces of the Russian Federation (clause "a", clause 29 of the Recommendations).

For failure to fulfill this obligation, the guilty person (the head of the organization or the employee responsible for military registration work) faces a fine of 300 to 1000 rubles. (part 3 of article 21.4 of the Code of Administrative Offenses of the Russian Federation).

7.2. Notification of the bailiff-executor and the recoverer of the dismissal of the employee-debtor

The employer is obliged to immediately inform the bailiff and (or) the recoverer about the dismissal of the employee, from whose salary deductions were made under the executive document, and return this document to them (part 4 of article 98 of the Federal Law of 02.10.2007 N 229-FZ) .

If the deductions were related to the payment of alimony, the relevant information must be sent to both the bailiff and the person receiving the alimony. The term for sending information in this case is three days (part 1 of article 111 of the RF IC).

Since the return period executive document The Family Code of the Russian Federation is not established, it is advisable to return the document as soon as possible. Otherwise, the employer may be held administratively liable under Part 3 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation for non-fulfillment or untimely fulfillment of the obligation under Part 4 of Art. 98 of the Federal Law of October 2, 2007 N 229-FZ.

Executive documents, in particular, include (part 1 of article 12 of the Federal Law of 02.10.2007 N 229-FZ):

writ of execution;
court orders;
notarized agreements on the payment of alimony or their notarized copies.

In the returned executive document, it is necessary to make a note about the penalties made (part 4 of article 98 of the Federal Law of 02.10.2007 N 229-FZ). The mark must contain the following information (letter of the Federal Bailiff Service of Russia dated June 25, 2012 N 12 / 01-15257, paragraph 2, paragraph 10, section II of Appendix N 1 to the Methodological recommendations on the procedure for fulfilling the requirements of executive documents for the recovery of alimony, approved by the Federal Bailiff Service of Russia on June 19. 2012 N 01-16):

the total amount of deductions;
the amount withheld at the time of dismissal of the employee;
number of payment order (receipt);
date of transfer;
the balance of the debt.

The record of the penalties made is certified by the seal of the organization and the signature of the official.

For untimely return of the executive document, a fine is provided (part 3 of article 17.14 of the Code of Administrative Offenses of the Russian Federation):

for officials- from 15,000 to 20,000 rubles;
for legal entities- from 50,000 to 100,000 rubles.