In modern society, people are accustomed to finding a job without unnecessary difficulties. Today, there are a large number of labor exchanges, including electronic ones, so problems with finding vacancies are reduced to a minimum. But there are a number of cases when you need to use a document such as a letter of guarantee for employment.
What is a job guarantee and why is it needed?
This type of official employment certificate provides a person with a full guarantee from the employer that he is being hired. In addition, the guarantee deed sets out in detail the obligations that the employer is ready to assume. This represents the value if the person is:
- applicant for parole;
- participant in the resettlement program;
- student;
- a foreigner wishing to find a job (these persons must provide certificates of employment to the migration service);
- a resident of the Russian Federation, but moving to another country;
- a company employee transferred to work in another organization or branch.
And although the Labor Code of the Russian Federation does not directly mention the need for such a certificate, as practice shows, in some cases its absence causes many unpleasant consequences.
Information! In the event of a conflict between the parties, a letter of guarantee can act as evidence in a court hearing, both on the part of the employer and on the part of the employee.
Why is it necessary?
There are a number of typical situations when drawing up a letter of guarantee is a mandatory procedure:
- When a person leaves the territory of the Russian Federation for the purpose of working in another country, or when a foreigner gets a job in a Russian organization. The paper is submitted to the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation.
- When a person who has spent two thirds of his time in prison asks for early release.
In this case, a letter of guarantee is attached to the application. The search for work, as well as the request for a letter of guarantee from the employer, is carried out by the prisoner through the employment center. - When a future university specialist who has completed an internship in a certain organization wants to apply for a job.
- When a person participates in a resettlement program. The employee has every right to demand a letter of guarantee from the future employer at the new place of residence.
Sample of how to correctly write a letter of guarantee of employment
Today there is no clear form for writing such a document, however, there are several rules that must be followed when drawing up a letter of guarantee from an employer, since the main function of the certificate is to provide guarantees to the person being employed.
So, a correctly formatted letter has:
- The number and date that are indicated when registering the letter in the official archival documents of the company.
- At the top right side is the position applicant or the organization that requested the letter.
- The title of the document must be indicated.
- Name of employer: legal entity or company.
- Information about the job applicant who is ready to be hired.
- Information about what position the candidate is employed for, the regular salary and, if this is assumed, social guarantees that the employer is ready to provide.
- The date when the candidate is expected to begin his duties, the expected duration of work and whether it is possible to extend the work contract after the end of the term.
- Additional guarantees or conditions imposed on the applicant, including his direct responsibilities.
- At the end of the document, the positions and names of the persons providing the candidate with work are indicated. Most often this is the general director and accountant of the company.
Information! The letter giving guarantees of employment always contains the number and date under which it is recorded in the archives of the enterprise. In order to avoid any unpleasant surprises in the future, it is best to make sure that the document has an accountant’s signature, as this will guarantee the financial component of the letter.
Sample letter of guarantee for employment from an employer:
What is a letter of guarantee
This is an official promise from a potential employer that he will definitely hire the person specified in the document after a certain time.
Such a letter has an official form and is drawn up before employment. In addition to assurances about future cooperation, it already contains some information about future working conditions:
- Salary amount – availability of additional payments, incentives, etc.;
- Availability of guarantees - vacation, sick leave, compensation due by law. Here you will find out what payments and compensations are due upon dismissal due to staff reduction;
- Position – specialization, department, division and other features;
- Duration of cooperation – in case the candidate is accepted for a certain period of time or a simple indication of the type of contract.
From a legal point of view, such a letter is an obligation assumed by the employer, and all obligations specified in the document must be fulfilled.
It is permissible to transmit such a document to the employee in several ways - personally through the secretary and by registered mail.
The option of fax or e-mail is also acceptable, but it must be remembered that they do not have legal force without the original, since the document must have an original signature in blue pen and, if present, a blue company stamp.
You will learn how to correctly write a letter from an organization about applying for a job in this video:
For which categories of citizens is it provided?
A letter of guarantee can be issued to any specialist who wishes to work in this structure in the future, but according to the law, there are a number of certain cases when such a document is required.
For displaced people
In the event of forced relocation to other regions, such a letter is a guarantor of an easy and quick procedure for registering as a migrant, since it in turn is a guarantor for the state represented by the commission that the citizen will not be a parasite and be dependent on the state, but will immediately get involved in public life.
The commission, if such a document is available, will provide the citizen with all the benefits and privileges due much more willingly, since it will understand that the person who has moved will immediately begin to work and provide for himself, as well as benefit the state.
For young professionals
Upon graduation from a state university, the student must provide such a letter to the educational institution as a guarantee that he is already practically employed.
This document must indicate the position and specialization in which the specialist will work.
Such a letter can also be used during internship, between academic cycles. What is a certificate of internship and how to prepare it - read the article at the link.
Form of letter of guarantee for employment.
For convicts
When requesting parole, it is advisable for the prisoner to accompany the application with a letter of guarantee from the potential employer that he in fact assumes responsibility for the further employment of the prisoner, his full provision with a decent income, as well as complete rehabilitation.
Important: such a letter in this case plays a decisive role for competent persons to make a positive decision.
If they agree to hire a prisoner at their previous place of work, then it is necessary to characterize the person from the best side.
As practice shows, most often prisoners negotiate with their previous employers, since this is an easier way to find a guarantee in a person who knows you.
For a foreigner
A letter of guarantee is a guarantee of employment of a foreign citizen, and not of his illegal activities on the territory of Russia. In this case, the letter of guarantee must contain a request for the provision of medical services, place of residence and financial support.
Important: this letter is provided to the FMS as a guarantor of the working interests of the arriving foreigner. You can learn how to draw up a civil contract with a foreign citizen here.
For Russian citizens traveling outside the country
Here, as in the previous case, a letter of guarantee is necessary for the migration service from the future employer, that a Russian citizen wants to enter the state for employment.
Letter of guarantee for admission to internship for students
Students of institutes, universities and other educational organizations more than once have to face the inevitability of undergoing an internship. In this case, the representative or head of the company (enterprise) that wishes to take on the student for the internship period writes a guarantee notice addressed to the head of the department or his deputy. The principle of drawing up such a deed is the same as that of a regular letter of guarantee. The differences are that:
- the student’s place of study is indicated;
- internship period;
- It is important to emphasize that the student was hired to undergo industrial training at the company, and is not enrolled in a job.
Most often, with successful completion of the internship, a person can count on further employment in this company.
Additionally, learn about probationary employment and how it differs from on-the-job training.
Concept of the term
A job guarantee letter is a written document that contains the employer's promise to provide a person with a job for a certain time.
Such a concept is absent in the Labor Code. There is only mention of a written invitation to an employee to work by way of transfer (Articles 64 and 80 of the Labor Code of the Russian Federation).
The employer is not obliged to issue it to anyone. He does this solely at his own discretion. But at the same time, the issuance of such a document imposes on him the obligation to conclude an employment contract with the person to whom he provided it.
Consequences of violating the conditions for issuing a warranty certificate
In some cases, it is not profitable for an employer to give a letter of guarantee to a candidate, since this largely ties his hands. In particular, if in the future the company refuses the services of the employee who was supposed to be hired, then he has the right to challenge this decision in court. Also, if the employer has delayed the hiring period, the court will make a decision in favor of the applicant with payment of a penalty for downtime in full. If the guarantee deed clearly states the wages and range of work responsibilities of the candidate, then the employer’s attempts to violate the terms of the contract can also be appealed in court. However, not only does the applicant have a number of advantages when receiving such a document, but the hiring party also remains in the black. If the employee does not comply with the clauses of the contract, the employer may take appropriate measures .
Need to know! If the applicant refuses the position provided, there will be no consequences for him.
As can be seen from all of the above, although a letter of guarantee for employment is not such a necessity in everyday life, it still provides undoubted guarantees that protect the rights of the employee.
What it is?
A letter of guarantee for employment is a document according to which an organization, acting as an employer, gives instructions that it will hire a certain person. As a rule, this paper indicates the basic working conditions of the employee, his salary, bonuses , as well as various social guarantees.
The specific date of the employee’s return to his workplace is also recorded here. The exit period can be set after the completion of some event (For example, two weeks after arrival).
IMPORTANT . The letter of guarantee has full legal force and represents a kind of obligation that the organization bears to a specific employee. Its implementation is mandatory.
In addition, this document carries the organization’s obligation not only to hire a specific person, but also to pay wages reflected on paper, provide promised working conditions, etc. Thus, the employer should approach the preparation of this type of paper very carefully and responsibly, so as not to create problems for himself in the future.
Writing a letter
The form of the letter of guarantee is not established by law, so it is drawn up in any form on the letterhead of the company issuing it.
What is indicated: document structure
The data that the letter of guarantee contains can be divided into two groups: details of the letter and information about employment.
The details of the letter include the following:
- Full name of the employer.
- The name of the organization for which the document is being made (you can simply indicate “for presentation at the place of request”).
- Date and document number.
- Title of the document.
- Signature of the head of the organization.
- Seal of the organization, if available.
Hiring details include:
- Full name of the person to whom the letter is issued.
- The name of the position and structural unit where the future employee will be registered.
- Terms of remuneration.
- Other conditions of future work (term, work schedule, etc.).
conclusions
A letter of guarantee is a document that acts as an official invitation to work. The reasons for the need to register it may be different.
The employment document is drawn up in free form, taking into account certain rules. The document must contain the signature of the chief executive of the company.
A letter, properly executed, has legal force. In case of controversial situations, it can act as evidence.
Situations requiring registration
A letter of guarantee when hiring may be required in the following cases:
- to a foreigner, to submit it to the migration service and obtain a work permit in the country;
- a convicted citizen who is in prison and is applying for parole, to be included in the package of documents for the court;
- to a graduate of an educational institution or a young specialist for provision at the place of study;
- in the case when a citizen participates in a resettlement program;
- a specialist in whom the employer is interested to confirm the intention to hire him, etc.
