Sample letter of guarantee for subsequent employment. Payment guarantee letter sample. In which case is required

A letter of guarantee for employment is an official document that specifies specific intentions for one of the parties to the contract, in writing. Intentions must be within the framework of current legislation. To date, there is no strict unified form or sample of a letter of guarantee. It is in free form. But there are a number of mandatory details that must be specified.

In what cases is

A letter of guarantee for employment is drawn up as an obligation of the employer, providing confidence to the candidate or applicant in concluding an employment contract.

It is issued for the following cases provided for by law:

• when employing foreign citizens or in the case of sending citizens of the Russian Federation to work in another country, it is provided to the migration service of the Russian Federation;
• for the participation of citizens in the Federal resettlement programs;
• for the employment of a convicted person who submits an application for parole in the prescribed form;
• in the employment of young professionals or students.

Letter design

The letter of guarantee must necessarily contain details indicating the official status of the document.

The letter states:

• document number and date of issue;
• the recipient of the letter (name of the organization or specific employee);
• title (title) of the document;
• list of obligations (position, according to the staff list, official duties, wage conditions, social guarantees);
• type of contract and time of its conclusion;
• data of the employer himself (address and all necessary details of the organization, indicating the surname and initials of the employee who compiled this document).

The document must be drawn up on the letterhead of the organization and contain a signature official, decoded and printed. In addition, they indicate information on the procedure for its consideration, in case of failure by the parties to fulfill their obligations. In such cases, it is desirable to stipulate the amount and procedure for payment of fines. When drafting a letter, it is better to insert links to specific articles of the Labor Code of the Russian Federation, since their absence indicates that the document has no legal force and is not binding.

Letter design options

A letter of guarantee is not an official document, and there is no strict form template. But you can always find a sample letter design.

Style LLC To the Rector of the Technological
25.11.2015 No. 133 University
Morozov G.A.

Letter of guarantee

I, Petr Ivanov Ivanov, director of Style LLC confirm my commitment to hire Irina Fedorovna Galkina, a fourth-year student of the Technological University for an internship, as an assistant process engineer for the period from 12/01/2015 to 12/30/2015.

Director ___________ P.I. Ivanov
MP

The letter of guarantee can serve as a starting point or the beginning of future labor relations. It must necessarily contain a number of words (I undertake, I guarantee) confirming the intentions. A sample format for such a letter might look like this.

LLC "Dorozhnik"
TIN 786123422715 KPP7861010001
PSRN 1148979002441
Serpukhov, st. Lenina d. No. 87 office No. 124
account 40211504803400000008 BIC 044038720
OJSC Bank Petrovsky

Letter of guarantee

By this letter, Dorozhnik LLC confirms its consent to issue labor contract with Vanin Igor Dmitrievich. Vanin I.D. will be hired as
cost estimate engineer from 06/01/2015. We guarantee its registration in accordance with the Labor Code of the Russian Federation, with a salary, in accordance with staffing, a monthly bonus of 40% of salary, allowances for work on weekends and holidays and providing social package.

Director of LLC "Dorozhnik" ______________________ Simonyan A.G.
Ch. accountant ______________________ Petrushina O.E.

It should be remembered that a letter of guarantee for employment may serve as a basis for the applicant to go to court if obligations have been violated. Additional information may be added to the text that is not shown in the text. this sample, but necessary for a particular case.

When employing foreign citizens, a sample letter of guarantee, which is provided to the migration service, may be as follows.

Head (Leader)
FMS of Russia for ………………….
Petrov Pavel Fedorovich
November 11, 2011

Letter of guarantee

The NPO Vympel organization, which acts as an inviting party in respect of a foreign citizen Abdullo Khargundo born on March 13, 1976, a citizen of the state of Algeria, guarantees him housing.
For the period of his stay in the territory of the Russian Federation, we will provide a medical policy established by law RF sample or funds to receive the necessary medical care.
Financial support will be provided not lower than the living wage established by law. If necessary, we guarantee the provision of funds necessary for traveling outside the Russian Federation.

CEO
NPO Vympel ______________________ Komarov P.N.

These options are not a required form, but can be used as a template.

A potential employer sends letters of guarantee only if they are interested in the employee. For example, based on the meaning of the 4th part of the 64th article of the Labor Code, if an employee is transferred from one company to another by agreement, then a written confirmation of the intentions of the host company is required.

In other cases, potential employees are interested in guarantees of employment.

Providing written guarantees of work is necessary in the following cases:

• issuance of a work visa by a foreigner;
• relocation to another country or to another region (the person will be sure that he is not going “to nowhere”);
• undergraduate practice (if the director of the company where the student practices, agrees to his employment in the future);
• the filing by the prisoners of a petition to the court for early release.

Today, in order to optimize production, the procedure for withdrawing workers from the state is actively used. This is the case when specific positions or entire departments are transferred to another company, but in fact the employees will perform the same work and under the same conditions.

The procedure is connected with dismissal from one company and employment in another. At the same time, the transferred workers cannot always agree with the dismissal, fearing to completely lose their jobs. In this case, a letter acts as a guarantee of employment.

A letter is issued on letterhead or on paper with a corner stamp, which indicates the details of the host company.

The document must contain mandatory inclusions:

• registration outgoing number and compilation number;
• the addressee (if it is not known, the mark “at the place of demand” is put);
• guarantees (full name of the potential employee and basic conditions for future work);
• signature of the manager (individual entrepreneur, director under the charter or other specialist authorized by power of attorney to sign employment contracts).

The working conditions under which the invited person will work are indicated only the main ones:

• position (profession);
• type of device (temporarily or permanently);
• date of entry to work (either a time interval or an event, for example, 3 days after arrival at the place, one week after release, one month after receiving a diploma);
• salary (or salary).

Since the letter indicates the size of the salary, the signature of the chief accountant will not be superfluous to confirm the readiness and availability of the possibility of payments.

What you need to know

When compiling a letter of guarantee for convicts, one should refer to generally accepted norms Russian legislation, but at the same time, paying attention to some important features.

This can reduce the likelihood of multiple common mistakes and thereby eliminate various consequences.

How to write a letter of guarantee

Because unified sample letter of guarantee for employment does not exist, each employer draws it up independently.

You will read more about the unification of documents in the article "Unified forms of primary documents (list)".

Given the purpose of the letter, the employer should specify in detail in it:

• the future position that the applicant will take (indicating the unit and address of the place of work);
• salary and working conditions;
• detailed information about the employer itself (field of activity, registration information, address, full name of the head).

The letter of guarantee is drawn up on the letterhead of the company. It must be registered in the register of outgoing correspondence and contain the number and date of compilation. The letter should also contain information about the future employee himself: his full name, place of residence, education, contact details.

The letter can be signed by both the head of the company and authorized to sign such personnel documents employee.

Sample letter of guarantee for employment

Letter of guarantee

By this letter, Market Plus LLC confirms its consent and readiness to conclude an employment contract with Valentin Viktorovich Belyaev, to hire him in our organization as a key account manager from October 10, 2013.

We guarantee to provide him with official wages(24,000 rubles salary) + monthly bonus, registration according to the Labor Code of the Russian Federation, social package: insurance against the National Assembly, payment sick leave and holidays.

A letter of guarantee is issued on the letterhead of the organization with the signature of the head and accountant (preferably), and is also sealed with the seal of the organization.

Does it have legal effect

Of course, this paper has legal force. But when it is presented to the courts, problems may arise..

If the paper is drawn up correctly, all the nuances described above are observed in it, the court is obliged to accept it as evidence. Otherwise, if there are violations, the decision rests with the judge.

A letter of guarantee is an important commitment that protects the rights of the employer and the employee. It ensures the conscientious performance by the employee of his duties, for which he receives the agreed benefits.

A letter of guarantee is a document issued by an employer to a future employee and fixing a guarantee of enrollment in the state at the end of a certain period or after the agreements are fulfilled.

The issuance of documents by which the employer agrees to hire is also called a surety. They stipulate the terms of cooperation, the amount of remuneration, the system of bonuses, guarantees. Execution start time job duties indicated by an exact date or a deadline is set: for example, five days after arrival.

When is a letter of guarantee required?

There are no general requirements in the legislation regarding the availability of a letter of guarantee for employment. Usually it is compiled at the request of a citizen who wants to receive job guarantees. But there are circumstances when the presence of this document is required:

1. Citizens leaving Russian Federation for the purpose of employment, a letter with guarantees of employment will be needed when crossing the border. In states with a visa regime, it is sent to the embassy along with the rest of the documentation.
2. If a company, a letter of guarantee will be required to obtain a work visa.
3. Citizens of the CIS countries present an invitation to work when crossing the border.
4. Persons who have served two-thirds of the term of imprisonment have the right to leave early. To do this, you need to apply with an application and attach a document on the guarantee. A guarantee request can be made through the Employment Center.
5. Students of universities and colleges must provide an employer's guarantee if they wish to continue working in the place of internship.
6. If a citizen participates in a resettlement program, he may need a guarantee of employment in a new place.

There are also cases when the guarantee is not necessary, but helps the employee: for example, when moving to a freelance status or to another unit.

The letter provides other additional assurances:

• the employer cannot refuse employment to a pregnant woman and mother of a small child;
• employment restrictions cannot be related to nationality, religion, political opinions;
• the established ones must be observed.

In case of violation of the rights of the employee, the guarantee document will have legal force in court and protect against dishonest actions on the part of the employer.

ADVICE! If the employer refuses to provide guarantees, you should think about further interaction with him.

The procedure for preparing a guarantee document for prisoners has a number of peculiarities. In this situation, it is not handed out until release. The guarantee is drawn up by the head of the organization that is ready to hire a person released on parole, draws up on the letterhead of the company and certifies with a seal. The invitation shall be sent to the court in the territory of the place of deprivation of liberty of the convict. A citizen is released on the condition that his behavior will comply with the norms and he will be given a position in a particular organization.

How to write a letter of guarantee for employment

The form of the letter is not legally approved, but there is General requirements: business style, document literacy.

The document must contain:

• room;
• name, address of the place of claim;
• title;
• text with the name of the employer, data of the future employee, position, date or time period during which employment is guaranteed;
• the period of the contract, if a potential employee is registered on time;
• salary, additional payments;
• director's signature.

In order for the document to become legally binding, when drawing up a letter of guarantee, it is recommended to use the wording: “conditions are guaranteed”, “I undertake to fulfill”, “I assure”. It is useful to refer to the provisions of the Labor Code of the Russian Federation:

• Art. 65, 68, which describes the recruitment process and the condition for the need for a guarantee;
• Art. 64 — ;
• Art. 80 informs about the rules and conditions for terminating the contract and the role of the surety;
• Art. 96 contains information about the conditions for graduates in employment in the organization where they worked industrial practice;
• in Art. 327 p.3 lists documents for stateless persons when drawing up a contract in the Russian Federation.

If a potential candidate has fulfilled all the requirements, but was refused employment by letter, then he has the opportunity to win in the trial. The reason for going to court may also be a complete failure to comply with intentions, i.e. refusal to conclude an employment contract, and partial violation of the conditions, for example, another position, salary reduction, other non-compliance with agreements.

A letter of guarantee for employment is an official document issued by an employer to an applicant who will be employed in an organization subject to the indicated conditions or on a specified date. It can be used as evidence in a judicial decision on the issue if the company refuses to hire a specialist or the citizen himself does not perform the actions that the parties initially agreed on.

When is the letter of guarantee issued?

Writing a letter is necessary in the following situations:

• The company employs a foreigner who needs to collect documentation to obtain a work permit in the Russian Federation.
• The firm plans to hire a citizen serving a prison sentence but applying for parole (PARO).
• The organization is going to conclude an employment contract with a young specialist who is finishing his studies at a university.
• The company plans to hire a citizen after a certain period, for example, after the current employee leaves on maternity leave.

Business entities are interested in writing letters of guarantee in two situations:

1. The firm hires special categories of workers (released on parole, university graduates or persons who do not have Russian citizenship). The employment procedure involves interaction with government agencies in order to go through administrative formalities or receive benefits.
2. The candidate for the vacancy meets the requirements of the organization, is a valuable specialist for it, but signing labor contract delayed for obvious reasons.

Issuing a letter of guarantee is a right, not an obligation of the employer.

If the management refuses the specialist, the citizen does not have the opportunity to force the employer to issue a letter.

How is a letter of guarantee written?

A unified sample for parole or other life situations is not provided for by law. The company prepares a free-form document on its letterhead. The letter includes the following information:

1. the name of the employing company;
2. the name of the authority for which the document is issued (for example, “For the Federal Migration Service of the Russian Federation” or “For provision at the place of demand” is indicated);
3. number and date of the document;
4. its name is “Letter of Guarantee”;
5. Full name of the citizen who is hired;
6. the name of the position and department where the specialist will be employed;
7. the amount of wages agreed by the parties;
8. other conditions that the compiler wants to mention (schedule, duration of the future labor contract, etc.).

The only exception to the rule is when a company hires a foreign worker. The company draws up a document on a form downloaded from the website of the migration service. In other cases, a sample for IP from parole or a form for joint-stock company developed by the employer. It can be fixed in the local acts of the organization.

Download Sample

The drafted letter is registered in the logs of outgoing documentation. It is advisable to prepare it in two copies: one will be given to the citizen in his hands, the second will remain in the company with the employee's mark of acceptance.
The term for admission to the state indicated in the text of the letter is regulated by law only if the citizen is hired as part of an external transfer (1 month is given for employment). In other situations, the employer determines the date of signing the employment contract at his own discretion or designates the event after which the specialist will be hired (getting out of prison, receiving a diploma, etc.).

Design features for certain categories of applicants

The text of the letter of guarantee varies depending on which categories of citizens it is intended for. If the document is drawn up in order to attract a valuable specialist, the content is left entirely at the discretion of the company. If it will be provided to the migration service or to the court, it is important to observe the nuances dictated by the requirements of regulations and established practice.

Letter for employment of a foreign citizen

A letter for a foreign applicant is drawn up on a unified form, fixed by the Federal Migration Service of the Russian Federation. An employee from abroad submits it, along with other documents, to the migration service for issuing a work permit.

In addition to the standard points, the letter mentions the following:

• the address where the foreign specialist will be registered;
• the consent of the employer to purchase a VHI policy for the visitor or to allocate him cash to receive medical care;
• the obligation of the employer, if necessary, to provide the foreigner with funds for leaving the Russian Federation.

The employer cannot guarantee the employment of a specialist, therefore, the letter indicates that he will be accepted into the state, subject to the registration of the necessary documents at the migration service (for example, obtaining a work visa).

Letter for employment of a convict

The normative act regulating the possibility of early release of a convicted person is Article 80 of the Criminal Code of the Russian Federation. It states that the person who compensated the harm to the victim, who did not violate discipline during the period of imprisonment, part of the punishment is replaced by a milder one. He is released from places of deprivation of liberty before the deadline specified in the original verdict of the court.

To obtain release, a citizen goes to court with a package of documents demonstrating his exemplary behavior and moral correction. Weighty evidence is a letter of guarantee from a company that is ready to accept his work immediately after parole.

A letter of guarantee for such cases is prepared by the employer in free form: there is no unified sample. It does not indicate the exact date of employment, because the company does not know if the prisoner's request for parole will be granted. It is prescribed that a citizen will be accepted into the state after his release from prison.

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A letter of guarantee is an official document. At the legislative level, the recruitment of citizens for work and their employment is considered in the Labor Code in,,, - registration for work, conditions for admission, duties and requirements.

ATTENTION! The drafting of the letter is aimed at the future action of the employer and employee, which corresponds to the text of the document itself. On the legal side, the letter is an obligation from the employer to hire an employee and provide him with a workplace.

Read more about what a letter of guarantee is, and you can find out about legislative acts and the legal force of the document.

In what case is it required?

The future employer draws up a letter of guarantee for the following categories of citizens:

When writing a letter, the employer is not at risk but only binds itself to future obligations. By Labor Code there are no requirements that would oblige the employer to draw up such documents in all cases without exception.

Important! It is prohibited by law to refuse employment on the basis of a criminal record.

What is the employer obliged to do?

According to the document, the employer undertakes to comply with the following requirements:

• provide workplace in the specified specialty;
• pay it with an appropriate salary;
• contribute to the rehabilitation of the future employee;
• provide training as needed.

What is included in the content of the paper?

1. Heading in the upper left corner with the details of the employer and the assigned number.
2. Document's name.
3. Content of the letter.
4. Details of the signer.
5. Date of signing.
6. Document Number.
7. Place for printing.

Writing instructions

For a quality document to be written, careful filling is required. and the exact indication of all names and titles of organizations, living signatures and seals.

You will learn more about how to write a letter of guarantee correctly, and read about the requirements for filling out and the person responsible for writing.

Where is the document sent and in what ways can this be done?

is sent along with the application for parole to the court in which the verdict was rendered for further consideration. If it is not possible to send a live document - send it by e-mail - scan the document or fax it.

Conclusion

Citizens after conditional release are protected by legislation in relation to the provision of employment. The letter of guarantee will then be an additional factor that contributes to early release and guarantees employment after release.

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