It happens that documents become unusable, lost or even stolen.
What to do if you have lost such an important document as a work book.
The procedure for restoring a work book is regulated by the Rules for maintaining and storing work books, producing work book forms and providing them to the employer, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 and Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69.
It should be immediately noted that, although we will use the term “restore a lost work book” later in the article, essentially this term is not entirely correct.
No one will make you a new work book with absolutely the same entries, letter for letter, to replace the lost one.
It would be more correct to talk about issuing a duplicate work book. The specified duplicate is issued not only if the work book is directly lost, but also if the original work book becomes unusable (burnt, torn, stained).
You can also request the issuance of a duplicate work book if an entry about dismissal or transfer to another job was made in your original work book, which was subsequently declared invalid.
This is perhaps the only case when the duplicate will closely match the original, since all entries from the work book will be transferred to the duplicate, except the one that was declared invalid.
But even in this case, the duplicate will not contain either the seals of the organizations where you worked previously, or the signatures of personnel from previous places of work.
Documents for indicating records of experience
Confirmation of employment by documents in the form of contracts, agreements, orders is allowed. Salary certificates and records of members of trade unions or cooperatives are also taken into account as evidence. But they must contain notes about contributions paid from official income.
For private (individual) entrepreneurs, the basis for determining length of service will be statements from the Pension Fund of the Russian Federation with the dates of receipt of the policyholder's transfers.
Expert opinion
Kurtov Mikhail Sergeevich
Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.
Certificates from enterprises about the period worked must indicate registration numbers and dates of orders regarding actions in relation to the employee (hiring for a position, dismissal).
Any information provided to determine length of service must be endorsed by an authorized specialist of the enterprise or the head of the personnel department, and then certified with the seal of the organization.
What is the sequence of actions to register a duplicate?
The procedure for obtaining a duplicate work book is determined by law and involves the following actions:
Those who have lost their work book apply to their last place of employment to obtain a replacement document.
- The management of the enterprise issues an order to the relevant department to prepare a duplicate. The person submitting the application must familiarize himself with the order and put his signature on it.
- The employer's specialist collects information about the employment of the applicant in past periods.
- A duplicate work book form is drawn up based on current regulatory rules.
- Information about the re-issued copy must be recorded in the journal of strict reporting forms.
- The applicant is given a completed copy after signing the receipt in a special journal.
If it is lost or damaged by an employee
It is the owner who is responsible for issuing a duplicate work book if it is lost or damaged. We receive this document in our hands, most often when we resign from one organization and plan to get a job in another, when we retire and have to start applying for a pension.
In other special cases, if we need the document for some reason, but we are not going to quit, the employer does not have the right to hand over the original. Only a certified copy. Otherwise, in the event of loss or damage to the book, responsibility will rest with the employee himself and with the responsible person who made the mistake.
If this document of strict reporting is lost or seriously damaged due to the employee’s own carelessness, then before issuing a duplicate of the work book, the absent-minded owner will have to write an application and himself collect all the supporting certificates required in this situation.
Another likely situation: you come to a new place of work and assure your manager that your work has been lost, but you don’t have time to duplicate it. If they are really ready to hire you in this company, then in such a situation they can only create a new work book, where the first entry will be the hiring here.
What information is included in the form?
The completed form must reflect the information contained in the original version, including:
- personal data about the citizen;
- information about employment before the start of activities at the place of last work;
- information about awards, transfers, dismissals;
- a link to the reasons for performing all actions.
The title of the new copy (in the upper right corner) is stamped with the stamp “Duplicate”. Information about the citizen from the passport or identity card is also added here, which should not be expired on the day of filling.
The citizen’s birth data must be indicated in full (without abbreviations); patronymic, first and last names must also be indicated. A diploma or certificate serves as a source of information about the employee’s education and specialty.
In case of incomplete education of a citizen, the entry will be made according to the information from a certificate from an educational institution or an academic record book. The recipient personally certifies the information on the title page, and the HR department specialist puts the date of completion and his signature with the seal of the enterprise (HR department).
Important! The “Work Information” section begins with a record reflecting the total amount of work experience up to the moment the employee was hired at the last place of employment. At the same time, it is not specified which organizations the citizen worked for in the past and during what period.
Next, periods of employment for certain jobs are recorded in the prescribed manner in columns 1 to 4, respectively:
- record number (in order);
- day of admission to the organization;
- the name of the enterprise and the position for which the employee was registered;
- indication of the basis for the entry in column 3 (about admission).
Information about transfer to another job in one organization (if any) is carried out in a similar way.
After the specified information, data on the dismissal is entered in columns 1 to 4, including the record number in order, the date of dismissal, on the basis of which law (standard) the employee was dismissed and the document on the basis of which the record (of dismissal) was made. The completed section is certified by the signatures of the HR department employee and the owner of the work book, then the seal of the employing organization is affixed.
All entries are made according to the documents provided for each type of past employment of the employee. Information is not transferred to the form if complete information for any period is not available. In the “Information about awards” section, information about previously received awards and incentives is indicated only upon receipt of supporting documents.
Important! The work book belongs to strict reporting forms. Therefore, the issuance of a new document is registered in a special accounting journal, and the previously registered form is removed from accounting as the next (second) entry.
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| Kat [email protected] Belarus Wrote 198 messages Write a private message Reputation: | |
| HELP!!! I have a certificate of completion of vocational school (89-91), a photocopy of the T-2 card from my last place of work (93-94) (do not indicate the last name and position who signed the dismissal?), I was fired due to leaving for the SA (94 -95) I gained work experience in places that are not so distinguished. How to properly format it? I read the instructions, it didn’t help | |
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| Kat [email protected] Belarus Wrote 198 messages Write a private message Reputation: | #2[253100] January 18, 2011, 5:10 pm |
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| Scorpion_grass [email hidden] Minsk is my life’s residence! Wrote 19867 messages Write a private message Reputation: 4020 | #3[253110] January 18, 2011, 17:30 |
he has an employee, which is the basis for the establishment at the employee’s new place of work of another work book (insert to it), but with the inscription “Duplicate”. A certificate of the period of work is issued, and not a copy of the T-2 card. INSTRUCTIONS ON THE PROCEDURE FOR MAINTAINING WORK BOOKS OF WORKERS Chapter 10. DUPLICATE OF WORK BOOK 51. In case of loss of the work book (insert to it), the employee has the right to contact the employer at the last place of work within three months from the date of his dismissal with a written application for the issuance of a duplicate work book . No later than 15 days from the date of application, the employer issues the employee another work book (insert to it) of the 1995 republican work book sample with the inscription “Duplicate” in the upper right corner of the first page. If the work book is lost after the specified period, the employer issues a certificate about the period of work of the employee, which is the basis for the establishment at the employee’s new place of work of another work book (insert to it), but with the inscription “Duplicate”. (as amended by the resolution of the Ministry of Labor and Social Protection of June 29, 2006 N 76) Upon termination of the employer’s activities, the dismissed employee applies for the issuance of a certificate about the time of work with this employer, the amount of wages, as well as other documents at the place of storage of documents submitted in the prescribed manner under strict strict conditions reporting (owner of the liquidated employer, local executive and administrative body, archive, etc.). If the work book (its insert) is lost due to the fault of the employer, he is obliged to independently take measures to obtain the appropriate documents confirming the employee’s work experience prior to joining this employer. (Part three of clause 51 was introduced by Decree of the Ministry of Labor and Social Protection of June 29, 2006 N 76) 52. If the work book (insert to it) has become unusable (burnt, torn, etc.), then the employer at the last place of work in writing at the request of the employee, issues the employee a duplicate of the work book (insert to it). (as amended by the resolution of the Ministry of Labor and Social Protection of June 29, 2006 N 76) At the same time, on the first page of the work book that has become unusable, the inscription is made: “A duplicate has been issued in exchange,” and the book is returned to its owner. When entering a new place of work, the employee is required to present a duplicate of the work record book. 53. A duplicate of the work book is filled out according to the general rules. In the sections “Information about work”, “Information about awards”, “Information about incentives”, when filling out a duplicate, entries about work, as well as about awards and incentives at the place of last work are made on the basis of previously issued orders (instructions). These records are certified by the signature of the employer or an authorized official and the seal of the employer, and if the individual entrepreneur does not have one, by the seal of the executive and administrative body that registered the individual entrepreneur. 54. If the employee had already worked before joining this employer, then when filling out a duplicate work book in the section “Information about work” in column 3, first of all, an entry is made about the total length of work before joining this employer, confirmed by documents. The total length of service is recorded in total, i.e. the total number of years, months, days of work and in what positions or profession the owner of the work book worked in the past are indicated. After this, the total length of service, confirmed by properly executed documents, is recorded for individual periods of work in the following order: column 2 indicates the date of employment; Column 3 contains the name of the employer for whom the employee worked, as well as the functional service (department, workshop, laboratory, sector or other structural unit) and the position (profession, job) for which the employee was hired. If it is clear from the submitted documents that the employee was transferred to another permanent job with the same employer, then a corresponding entry is made about this. Then the date of dismissal is recorded in column 2, and in column 3 the reason for dismissal, if the document submitted by the employee contains such data. In the event that the documents do not fully contain the above information about work in the past, only the information available in the documents is entered into the duplicate work book. Column 4 indicates the name, date and number of the document on the basis of which the corresponding entries in the duplicate were made. Documents confirming work experience are returned to their owner. The employer assists the employee in obtaining documents confirming his work experience prior to joining this employer. Samples of filling out a duplicate - in the document exchanger: I want to draw the moderator’s attention to this message because:
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- Dad, tell me how to live without getting tired? “Live like a person, white Rio de Janeiro,” this is the crystal dream of my childhood, don’t touch it with your paws. (c) I'm not afraid to stand out from the crowd, I'm afraid to be one.| Victoria [email hidden] Belarus, Minsk Wrote 176 messages Write a private message Reputation: | #4[253111] January 18, 2011, 17:30 |
Scroll: DUPLICATE OF EMPLOYMENT BOOK: GROUND FOR ISSUANCE AND PROCEDURE FOR COMPLETION
DUPLICATE OF THE EMPLOYMENT BOOK: BASES FOR ISSUANCE AND COMPLETION PROCEDURE K.I.KENIK, Candidate of Legal Sciences, Associate Professor, Honored Lawyer of the Republic of Belarus The material was prepared using legal acts as of September 4, 2009. The work book of the established form is the main document on labor activity and employee's work experience. Based on the entries in the work book, the nature of the work performed, general, continuous and special work experience, calculated when assigning pensions, including on preferential terms, social insurance benefits, establishing official salaries, etc., are determined. Work books are kept for all employees who work for the employer for more than five days, if work in this organization, for an individual entrepreneur, is the main one for the employee. Responsibility for the timely and correct filling out of work books, for their recording, storage and issuance lies with a specially authorized person appointed by order (instruction) of the head of the organization. The legislation establishes the procedure for maintaining work books, as well as the rules for their storage. The main regulatory legal acts regulating the procedure for maintaining labor books are: Labor Code of the Republic of Belarus (Article 50) (hereinafter referred to as the Labor Code); Resolution of the Council of Ministers of the Republic of Belarus dated December 10, 1997 N 1635 “On work books of workers” (hereinafter referred to as Resolution N 1635); Instructions on the procedure for maintaining labor records of employees, approved by Resolution of the Ministry of Labor of the Republic of Belarus dated 03/09/1998 N 30 (hereinafter referred to as the Instructions on the procedure for maintaining labor records). Forms of work books and inserts for them are stored in the accounting department of the organization in a specially equipped place as documents of strict accountability and are issued upon application to the account of the person responsible for maintaining work books. Work books are kept in the organization's personnel department. They must be stored in work rooms and areas specially designated for these purposes. Work books are located in lockable fireproof iron boxes, safes, cabinets that ensure their complete safety, as well as protecting work books from dust and exposure to sunlight. Work books and their duplicates that were not received by employees upon dismissal are stored for two years in the personnel department of the organization separately from the rest of the work books of employed employees. After this, unclaimed work books (their duplicates) are transferred to the organization’s archive and stored for 50 years, and after the expiration of the specified period they can be submitted for destruction in the prescribed manner. During the course of an employee’s work, situations may arise when the work book is lost, or rendered unusable, or defamatory entries are made in it, which are subsequently declared invalid. In these cases, the employee is issued a duplicate work book. The legislation establishes cases when a duplicate work book is issued: 1) in case of loss of the work book; 2) if the book has become unusable; 3) in case of serving a sentence in the form of deprivation of the right to occupy certain positions or engage in certain activities; 4) in case of invalidation of the dismissal record due to illegal conviction; 5) if the dismissal record is invalidated due to the dismissal being declared illegal or the wording of the reason for dismissal being changed. Let's consider the above situations in more detail. 1. In accordance with Art. 26 of the Labor Code, when concluding an employment contract, a person entering work presents the employer with a work book, with the exception of those entering work for the first time and part-time workers. By Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated June 29, 2006 N 76 “On introducing amendments and additions to the Instruction on the procedure for maintaining labor records of employees” (hereinafter referred to as Resolution N 76), the Instruction on the procedure for maintaining labor records is supplemented by the provision that upon admission from the employee of the work book, the person who formalizes the hiring and dismissal of employees is given a receipt for receipt of the work book in any form, containing the details of the organization, including the employer’s seal. The work book is kept by the employer, who is obliged to ensure its safety. If necessary, the employer issues to the employee, at his written request, certified extracts of information about work from work books. Copies of documents related to the work must be properly executed: certified by the signature of the head of the organization or a person authorized by him and the seal of the organization. The documents must contain mandatory details such as the originating number and date of issue. The employer's seal is the official seal for government organizations, and for non-state organizations, it is the registered seal of that organization. At his request, the employee is given a copy of the work record book for presentation to various organizations. A copy of the work book is certified by the entry: Correct. HR Specialist Full name, signature November 10, 2006 (date of issue of the copy). The signature of the official who certified the copy is affixed with the seal of the organization or human resources department. If necessary (at the request of the organization requesting a copy or extract from the work book), each sheet (spread) of a photocopied copy of the work book is certified. All copies of work-related documents must be provided to the employee free of charge. In cases provided for by legislative acts, the employer issues the employee, at his written request, a work book for a period of no more than 5 calendar days. If the work book is lost and it is handed over to the employee, the employee is given a duplicate of the work book and its cost is charged. In such cases, the employer has the right to refuse to assist the employee in obtaining documents confirming his work experience prior to joining this employer. If the work book (its insert) is lost after dismissal, the employee has the right to contact the employer at his last place of work with a written application for the issuance of a duplicate work book. It should be noted that in the regulatory legal acts regulating this issue, there is a contradiction regarding the deadline for an employee to contact the employer with an application for the issuance of a duplicate work book. According to subclause 1.6 of clause 1 of Resolution N 1635, in case of loss of the work book (insert to it), the employee has the right to contact the employer at his last place of work within a year from the date of his dismissal. Resolution No. 76 amended paragraph 51 of the Instructions on the procedure for maintaining work books, according to which an employee has the right to apply for a duplicate work book within three months. In this case, the rule established by part five of Art. 10 of the Law of the Republic of Belarus dated January 10, 2000 N 361-Z “On normative legal acts of the Republic of Belarus”, according to which laws, decrees, decrees and resolutions of the Council of Ministers of the Republic of Belarus have greater legal force in relation to normative legal acts of ministries and other republican government bodies management and the National Bank of the Republic of Belarus. Thus, in this case, the provisions of Resolution No. 1635 should apply, since it has greater legal force compared to the resolution of the Ministry of Labor and Social Protection of the Republic of Belarus. No later than 15 days after receiving the application, the employer is obliged to issue the employee another work book or an insert for it (new samples) with the inscription “Duplicate” in the upper right corner of the first page. Upon termination of the employer's activities, the dismissed employee applies for the issuance of a certificate about the time of work for this employer, the amount of wages, as well as other documents at the place of storage of strict reporting documents submitted in the prescribed manner (the owner of the liquidated employer, local executive and administrative body, archive, etc. .). A duplicate of the work book is filled out according to the general rules. In the sections “Information about work”, “Information about awards” and “Information about incentives”, when filling out a duplicate, entries about work, as well as about awards and incentives at the place of last work are made on the basis of previously issued orders (instructions). These records are certified by the signature of the employer or an authorized official and the seal of the employer, and if the individual entrepreneur does not have one, by the seal of the executive and administrative body that registered the individual entrepreneur. If the employee, before joining this enterprise, had already worked as a worker or employee, then when filling out a duplicate of the work book in the “Work Information” section, a record is first made about the total length of service before entering this enterprise, confirmed by documents. The total work experience is recorded in total, that is, the total number of years, months, days of work is indicated without specifying at which enterprise, in what periods of time and in what positions the owner of the work book worked in the past. After this, the total length of service, confirmed by properly executed documents, is recorded for individual periods of work in the following order: column 2 indicates the date of employment; Column 3 contains the name of the enterprise where the worker or employee worked, as well as the workshop (department) and the position (job) for which the employee was hired. If it is clear from the submitted documents that the employee has been transferred to another permanent job in the same enterprise, then a corresponding entry is made about this. Then the date of dismissal is recorded in column 2, and in column 3 the reason for dismissal, if the document submitted by the employee contains such data. In the event that the documents do not fully contain the above information about work in the past, only the information available in the documents is entered into the duplicate work book. Column 4 indicates the name, date and number of the document on the basis of which the corresponding entries in the duplicate were made. Documents confirming work experience are returned to their owner. The employer is obliged to assist the employee in obtaining documents confirming his work experience prior to joining the enterprise.
If the work book (its insert) is lost due to the fault of the employer, he is obliged to independently take measures to obtain the appropriate documents confirming the employee’s work experience prior to joining this employer. This obligation is imposed on the employer due to the fact that he is responsible for maintaining and preserving work records. Therefore, if they are lost, he is obliged to take measures to restore them. To do this, the employer must send written requests to all organizations where the employee previously worked, and obtain certificates about the employee’s period of work from other employers. These certificates will be the basis for the employee to have another work book with the inscription “Duplicate”. 2. A duplicate is also issued if the work book has become unusable (torn, dirty, burnt, notes blurred, etc.). In this case, the employer issues a new work book with a “Duplicate” entry on the first page, and all entries about work, incentives, and awards are entered into it. 3. In accordance with paragraph 23 of the Instruction on the procedure for maintaining work books, a record is made in the work book of a person sentenced to deprivation of the right to hold certain positions or engage in certain activities on the basis on what basis, for what period and what positions he is deprived of the right to hold or what type of activity he is prohibited from engaging in. The entry is made by the employer for whom the employee works during the period when the court verdict comes into force. 6 01/05/2009 Deprived of the right to hold materially responsible positions for a period of five years. Verdict of the Sovetsky District Court of Minsk dated 12/24/2008 After serving this sentence or being released from it in the prescribed manner, the employee, at his written request, is issued a duplicate instead of a work book without entering it into it. records of restrictions in work activities. 4. A duplicate is issued if the dismissal record is invalidated due to unlawful conviction. If, in connection with the conviction of the employee, an entry about release from work (position) is made in the work book, and subsequently the conviction or criminal prosecution is recognized as illegal by an acquittal or a resolution (ruling) to terminate the criminal case due to the absence of a crime or the absence of elements in the act crime or due to lack of proof of his participation in the commission of a crime, then the records made are considered invalid. The employer, upon a written application from the employee, issues him a duplicate work book without the entry declared invalid. 5. In the event of an illegal dismissal or transfer of an employee established by the labor dispute resolution body, and reinstatement to the previous job or a change in the wording of the reason for dismissal, the record of dismissal and transfer to another permanent job is invalid. An entry is declared invalid in the following order: in the “Information about work” section in column 1, write the serial number of the entry being made; in column 2 - the date of entry; in column 3 - “record number such and such is invalid” and then the correct version of the reason for dismissal; in column 4 - the date and number of the order (instruction) on the basis of which this entry is made. 3 08/30/2008 Dismissed due to a reduction in the number of employees (clause 1 of Article 42 of the Labor Code of the Republic of Belarus) Order No. 57 of 08/30/2008 4 11/12/2008 Entry No. 3 is invalid, reinstated in his previous job Order No. 72 of 11/12/2008 When the wording of the reason for dismissal is changed, the following is written: “Record N ___ is invalid. Dismissed..." and a new wording is indicated. 9 09.23.2008 Dismissed for systematic failure to fulfill labor duties without good reason (clause 4 of Article 42 of the Labor Code of the Republic of Belarus) Order No. 19 of 09.22.2008 10 10.31.2008 Entry No. 9 is invalid. Dismissed at his own request (Article 40 of the Labor Code of the Republic of Belarus) Order No. 41 of October 31, 2008 In column 4, in this case, reference is made to the order for reinstatement or changing the wording of the reason for dismissal. No reference is made to the decision of the judicial authorities to reinstate the employee at work (clause 41 of the Instructions on the procedure for maintaining work records). If there is an entry in the work book about dismissal or transfer to another job, which is subsequently declared invalid, at the request of the employee, a duplicate work book is issued without making an entry in it that was declared invalid. The issuance of a duplicate work book is made by the employer who made such an entry. In the listed cases, when a work book is available, but a duplicate is issued at the request of the employee due to the presence of a compromising entry in it, the inscription “Duplicate” is made in the upper right corner of the first page of the new work book. On the first page of the previous work book it is written: “In return, a duplicate was issued,” indicating its series and number, and it is returned to the owner for subsequent submission to the social security authorities for documentary confirmation of work experience before starting work with the employer who issued the specified duplicate. Hiring based on a work book containing the entry “A duplicate was issued in exchange” should not be carried out. A duplicate of the work book is kept by the employer with whom the employee has an employment relationship. When issuing a work book (duplicate), as well as when issuing an insert, the employer charges the employee the amount spent by the employer on its acquisition. In cases of incorrect initial filling out of the work book or its insert, as well as in case of damage to their forms due to careless storage, the cost of the damaged forms is paid by the organization. If an organization loses an employee’s work book due to a natural disaster or other reasons, the owner is issued a duplicate work book without charging its cost. Work books and their duplicates that were not received by employees upon dismissal are stored for two years in the personnel department of the organization separately from the rest of the work books of employed employees. After this, unclaimed work books (their duplicates) are stored in the organization’s archives for 50 years, and after the expiration of the specified period they can be submitted for destruction in the prescribed manner. During the entire period of employment of a given employer, the work book (its duplicate) is kept by the employer. Upon termination of an employment contract, the employer is obliged to issue the employee a work book on the day of dismissal (last day of work). The work book must be properly prepared; it must contain all records of work activity in this organization, incentive measures, etc. All entries about work, awards and incentives entered into the work book during work in this organization are certified by the signature of the head of the organization or a person specially authorized by him and the seal of the enterprise organization. Entries in the work books of employees working for individual entrepreneurs or citizens who are granted by law the right to conclude an employment contract are certified by the seal of the local executive and administrative body that registered the entrepreneur who registered the employment contract with the domestic worker. The day of dismissal is considered the last day of work. If, for example, the dismissal of an employee at the initiative of the employer was made on November 30, 2008, then this day is the last day of his work in this organization. The same date (November 30, 2008) must be indicated in the employee’s work book. If the employee who committed absenteeism does not start work, then the day of dismissal should be considered the last day of work. For example, an employee was absent from work starting on March 5 and never returned to work. When issuing an order to dismiss an employee, the employer must indicate his dismissal on March 4, that is, the last day of work. If on the day of the employee’s dismissal it is not possible to issue him a work book due to his absence from work, the employer sends the employee a notice of the need to appear for the work book or agree to have the work book sent by mail. This situation may arise when an employee is dismissed due to the expiration of the employment contract, by agreement of the parties or at his own request. In accordance with the law, an employee has the right to submit a letter of resignation of his own free will, both during the period of work and during his absence from work due to being on vacation, on a business trip, or during a period of temporary disability. The employer has the right to dismiss the employee under Art. 40 of the Labor Code at the end of the one-month warning period and in the event that during this period the employee fell ill and at the end of the period continues to be ill or is on vacation. Dismissal is permissible during an employee’s illness or while on vacation by agreement of the parties or due to the expiration of the employment contract. In this case, the guarantee prohibiting the dismissal of an employee during a period of temporary disability or while on vacation does not apply, since in the listed cases the dismissal does not take place at the initiative of the employer. Dismissal in the absence of an employee is permissible if the dismissal is for long absence and the employee is absent from work at the time of dismissal. If the employee refuses to receive a work book, the employer must draw up an act confirming the employee’s refusal to receive the work book that was offered to the employee on the day of dismissal. It is advisable to send a notification of the need to appear for a work book or agree to send it by mail by registered mail with return receipt requested, which will be indisputable evidence that the employer has fulfilled his obligation to issue a work book. If the employer fulfills the statutory obligation to send a notice, from that day on he is released from liability for the delay in issuing the work book. It should be borne in mind that sending a work book by mail in the absence of the employee’s consent is not allowed. If there is a delay in issuing a work book due to the fault of the employer, the employee is paid the average salary for the entire period of forced absence. The date of dismissal in this case changes to the day the work book is issued. An order is issued about the new day of dismissal and an entry is made in the employee’s work book. A previously made entry about the day of dismissal is deemed invalid in accordance with the established procedure. The timely issuance of a work book is also important for meeting the deadlines for contacting labor dispute resolution authorities. According to Article 242 of the Labor Code, an employee has the right to go to court in disputes about dismissal within one month from the date of delivery of the dismissal order or from the date of issue of the work book. If there is a delay in issuing a work book due to the fault of the employer, the period for going to court is correspondingly changed (extended), and this may subsequently lead to adverse consequences for the employer. As established by law, if the dismissal is declared illegal, the employee is reinstated by the court to his previous job. The average salary for the entire period of forced absence is recovered in favor of the employee, that is, for the time from the moment of dismissal until the court makes a decision to satisfy the claim for reinstatement at work. And the longer the period of forced absence, the greater the amount of wages will be recovered in favor of the employee, and this is a damage to the organization.
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It's better to be smart and dumb than to be dumb and smart| Kat [email protected] Belarus Wrote 198 messages Write a private message Reputation: | #5[253360] January 19, 2011, 2:57 pm |
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| Kat [email protected] Belarus Wrote 198 messages Write a private message Reputation: | #6[253381] January 19, 2011, 15:22 |
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| Ciardi [email hidden] Belarus Wrote 23773 messages Write a private message Reputation: 3506 | #7[253383] January 19, 2011, 15:26 |
Kat wrote:
I only need yes or no….
after such phrases you don’t even want to answer, apparently you have finally figured out the Instructions, because everything is correct. Only now, I think
Kat wrote:
photocopy
of the T-2 card from the last place of work (93-94)
cannot be considered a document confirming work time. Why can an employee provide a photocopy of T-2 but cannot provide a photocopy of hiring and dismissal orders?
I want to draw the moderator's attention to this message because:Quote:
Column 4 indicates the name, date and number of the document on the basis of which the corresponding entries in the duplicate were made. Documents confirming work experience are returned to their owner.
Notification is being sent...
| Kat [email protected] Belarus Wrote 198 messages Write a private message Reputation: | #8[253388] January 19, 2011, 15:35 |
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| Glafira [email hidden] Belarus, Minsk Wrote 12 messages Write a private message Reputation: | #9[300097] July 14, 2011, 12:45 |
all records are made at the place of the last main job, right? I want to draw the moderator's attention to this message because: Notification is being sent...
| Glafira [email hidden] Belarus, Minsk Wrote 12 messages Write a private message Reputation: | #10[300102] July 14, 2011, 12:53 |
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What fee is charged for issuing a document?
With an application for a duplicate work book, a citizen applies to the enterprise that is his last place of work. It does not matter whether he was dismissed on the date of application or continues to work in this structure.
The company has the right to withhold payment for the issuance of a replacement document in an amount corresponding to the cost of purchasing a new form.
- the form is damaged through no fault of the citizen who submitted the application;
- the form (title page) is filled out incorrectly;
- The enterprise lost the work books of its employees due to emergency circumstances.
This is important to know: Personal Income Tax Help 2: sample form for 2021
Attention! The issuance of a replacement form instead of the previously used one always occurs only in the form of a duplicate. If a citizen has lost the original, a new work book can be issued to him. This situation is only permissible when first starting a job.
It should be noted that the document will contain information about employment and length of service only from the date of commencement of work in the enterprise that issued the new form.
The work book not only confirms the fact that a citizen is employed, but also serves as a guarantor of pension accruals in the future. Therefore, despite the possibility of obtaining a replacement document instead of a damaged or lost copy, it is advisable to carefully and carefully treat your own work book.
Collecting information about places of work in the past can not only take a lot of time, but also, for various reasons, turn out to be incomplete, which will ultimately affect the amount of the accrued pension.
The main document confirming a person’s work experience can be considered a work book. If lost, you can make a duplicate of the work book. The filling pattern in 2021 remains the same. Let's look at what the rules are regarding duplicate books.
What data will need to be recovered?
An application for loss of employment and the need for a duplicate can be drawn up in any form. Although organizations often develop their own samples of appropriate forms that help quickly and clearly state the essence of the task.
How to make a duplicate of a work book is described in Decree of the Government of the Russian Federation No. 225 of April 16, 2003. It stipulates the time frame for working on this document: a duplicate must be issued by the employer no later than 15 days from the date the employee submits the application. 2018 is no exception, all rules remain in force.
Just when you demand that the company’s management give you this document within the established time frame, do not forget: if you yourself lost your job, then before leaving an application, collect all the necessary papers:
- references from archives;
- data from the tax service, labor inspectorate, Pension Fund;
- copies of previously concluded employment contracts;
- certificates from previous employers;
- extracts from hiring and dismissal orders or their certified copies in cases where necessary.
How to get a duplicate work book if lost
Any employment is accompanied by the presentation of a number of documents to the personnel department, including a work book. It contains generalized information about the applicant’s previous activities. The only exception is hiring part-time workers. For them, entries in the labor record are made at will.
Expert opinion
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Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.
If there is no labor document at all, the employer draws up this document from scratch, if the person has not worked anywhere before. Or fills out a duplicate work book if the employee loses it.
If there is no document before starting another work activity, management must require the employee to provide a written explanation indicating the reasons.
The applicant has the right to restore the lost document. This may require:
- Initially, an application for the issuance of a duplicate work book . You should contact him at your previous place of employment.
- The previous employer generates all available information about the total length of service, incentives received, period of work and makes the appropriate entries no later than 15 working days.
- If the work activity previously took place with several employers, then the sample for filling out a duplicate work book in case of loss must correspond to the real facts. Data is entered on the basis of certificates and other documents. Sometimes you can even use the testimony of witnesses about the experience. And in the event of liquidation of an enterprise, the required information is usually sought in local archives.
Who restores the work book
The responsibility for restoring the work record falls on the last employer.
However, it should be taken into account that this obligation will arise only (!) after you write to him an application for the issuance of a duplicate work book.
Who exactly to consider as your last employer from those for whom you worked previously depends on your choice.
There have been cases when workers were “dismissed under an article” and, in order to get rid of a “bad” entry in the work book, these workers allegedly lost their employment records and applied for its restoration not to the last employer, but to the earlier one.
You can also report the fact of loss or damage to your work book when applying for a job with a new employer for whom you are just applying.
Then the responsibility for issuing a duplicate work book will be assigned to him.
Why should the employer, and most often the former one, restore the work book?
After all, it was more likely you yourself who lost your work book, while the employer kept your work book so responsibly that he refused to give it even to you.
Moreover, for violating the procedure for storing work records, the personnel officer was threatened with disciplinary action up to and including dismissal.
This is explained mainly by two points:
- Firstly, Maintaining a work book, including making entries and their contents, requires certain knowledge, which not every employee who is not experienced in the field of personnel records possesses.
An incorrect entry may lead to negative consequences for you.For example, you may not be hired for state or municipal service without counting the period of work experience in your specialty, or you will be assigned a pension in an amount less than possible.
Although it must be admitted that even experienced personnel officers make mistakes, for which they have to go to court to correct them.
- Secondly, filling out the work book by the employer personally, in the case of an individual entrepreneur, or by a personnel employee, that is, by an official responsible for the entries made by him, the accuracy of which he certifies with his own seal and signature, to some extent protects future employers from the arbitrariness of employees .
One can imagine what kind of confusion would reign if workers wrote entries in their work books according to their own understanding and desire.
Instructions for filling out a duplicate
Filling is done as follows:
1) A “Duplicate” entry is made in the upper right corner of the title page.
If a previous work book is available (for example: containing an erroneous record of dismissal), it is also written on the title page: “A duplicate was issued in return” indicating its series and number.
2) The title page of the duplicate is filled out based on information about the employee that is currently relevant, i.e. there is no need to duplicate old information with all changes and additions.
3) If the employee had already worked for this employer before joining, then in gr. 3 information about the work, first, documented information about the general (continuous) experience at previous places of work is entered.
The total length of service is recorded in total: the total number of years, months and days of work is indicated.
The individual periods of work for which supporting documents are available are deciphered below:
- in gr. 2 – date of hire;
- in gr. 3. – name of the employer, structural unit and position for which the employee was hired. If there is data on a transfer within the specified organization, appropriate entries are also made;
- further in gr. 2 and 3 indicate the date and reason for dismissal from this place of work;
- in gr. 4, record the name and details of the document on the basis of which the information is filled in (certificate from the employer, extract from the archive, court decision, etc.);
Note: if the employee has submitted documents confirming receipt of awards, this information is also entered in the appropriate section of the duplicate.
Then you need to make copies of the submitted documents, certify them and file them for safekeeping in the employee’s personal file, and return the originals to the owner.
4) After the restored information, standard records about the employee’s work in the company that issues the duplicate are entered in the general manner.
The work book is the main document confirming work experience. Even after its loss or damage, you can issue a duplicate. It's free, but you'll need to fill out a correct application and collect documents confirming your periods of employment.
If the employer is to blame for the loss or damage
Issuing a duplicate work book lost by the employer is not a common occurrence, but such incidents do happen. When applying for a job in a new organization or enterprise, a person gives this important document for safekeeping to the company’s personnel officers or its manager.
This responsible person also sometimes shows irresponsible negligence. If the work book is lost or seriously damaged due to the fault of the above persons, the employee has the right to even bring them to administrative responsibility. But the main thing is to require the culprits to issue a duplicate themselves, for which they will need to collect all the necessary certificates, extracts, copies of orders and other information from previous employers. If the document is intact, but an inaccuracy or error has crept into it, or the employer or his employees have made an illegal entry, then it will be even easier to create a duplicate by transferring old entries from the original.
What it is
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A duplicate is a repeated copy of a work book with similar legal force. It also confirms qualifications, length of service, and experience.
According to clause 32 of the Instructions for filling out, approved by Resolution of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003, the duplicate must contain the following information:
- employee personal data;
- general and/or continuous work experience prior to current employment (lost information is confirmed by documents from the previous employer);
- awards/incentives at your last place of work.
Erroneous information and records that cannot be restored due to the lack of a supporting document are not included in the duplicate copy. A duplicate is issued free of charge, although the employer has the right to demand payment for the cost of a new form.
In what cases is it done?
The need for a duplicate appears if it is no longer possible to use the original book. This happens if she:
- lost – due to the fault of the employee or employer;
- damaged - torn, heavily soiled, burnt;
- became invalid due to incorrect entry.
In case of illegal dismissal and subsequent reinstatement at work by a court decision, it is enough to make a note in the work book about the invalidity of the entry. However, the employee has the right to demand a duplicate. In this case, it will be issued on a general basis, only it will not contain a record of dismissal.
Why is there a need to obtain a duplicate?
Registration of a duplicate work book is a forced procedure. Sometimes it is called “recovery” of a document, but this term has neither legal nor simply logical meaning. We are talking about creating a “double”, a duplicate. Let's consider what are the reasons leading to the need for such actions:
- loss of the document by the holder of the work book or by the employer;
- intentional or accidental damage resulting in the records being difficult (impossible) to read;
- massive loss of documentation as a result of a natural disaster, fire or other emergency;
- the presence in the work book of an entry that was subsequently recognized as unlawful, for example, about the reasons or the very fact of transfer or dismissal.
