Being a necessary and important document, a work book can confirm not only a person’s work experience, but also help to correctly calculate his future pension. Unfortunately, there are situations in which the employment form may be damaged or lost. Then you need to urgently make a duplicate work book. Why do we need this, we will consider further.
The concept
Under the workbook is understood an individual document that can confirm information about employment (provided that it is official) and work experience. All data are presented subject to Art. 66 of the Labor Code of the Russian Federation.
The work book contains the following data:
- Personal data.
- Information about the work performed.
- Data on transfers, dismissals and awards.
- Information about the documents that are the basis for entries in the labor.
A sample of a duplicate work book must fully coincide with the original and include all the information that was indicated in the first copy. The exception is those facts when the records were challenged in court or the information was lost and cannot be restored.
In which cases they issue
A duplicate work book is issued only when the operation of the original becomes impossible. Such cases include:
- loss of a document by an employee;
- loss of a document by an employer;
- damage to the form;
- entering incorrect information regarding dismissal or transfer.
Each of these cases has its own characteristics.
In the case when there is no original labor, a duplicate is issued to the employee. To do this, he must write a request to draw up a second document, pay for a new form (if the labor is lost or damaged due to the fault of the employee). Sometimes a loss can be noticed not immediately, but after some time: after being fired from a previous job and when placing in a new place.
And what if the previous employer does not want to make a duplicate due to the limitation of dismissal? Since there is no legislative provision for how long it is possible to apply for duplicate documents at the place of old work, the former employee must insist on the re-issuance of the document if the original labor has become unusable. Or go to court.
The issuance of a duplicate work book occurs only upon request. There should be a note on the title page that this is a duplicate. To restore information, a citizen must present documents confirming personal data and assuring seniority.
If the labor is lost by the employer, then a special commission can confirm the length of service. Members of the commission must submit documents or copies confirming information about specialization and the places where the employee worked. If there are no such documents, then the commission draws up an act on the testimonies of witnesses who have reliable information about the labor activity of this employee.
Registration
Registration of a duplicate work book (a sample is presented below) occurs in cases where a citizen had official employment and does not play a role here, the form is lost or damaged.
The duplicate has the same yursila as the original document. Duplicates can be issued directly by the head himself or by a person authorized to do so. In most cases, this is a human resources officer, accountant, or secretary. All documents that are presented for the re-entry form must be submitted by the employee.But even despite this, the company is obliged to assist the employee in every possible way to obtain them (if circumstances so require).
Issue price
Given the norms of maintaining and storing labor, a citizen must inform the head of his last job about the loss of the form. In this case, the head is obliged to issue a duplicate of the work book no later than 15 days from the date of writing the relevant application.
According to the rules established by law, an organization may charge a staff member a fee for an employment form. Payment is not taken if:
- loss of documents occurred by the employer due to unforeseen circumstances;
- the title page was incorrectly filled;
- damage to the document occurred through no fault of the employee.
Thus, the company can take a monetary reward for a duplicate if the loss of the book or its damage occurred due to the fault of the contacting person.
A duplicate labor book (an example of the design of the form) is presented in the article.
Step-by-step instruction
Let's take a closer look at the step-by-step instructions on how to get a duplicate work book. How to draw up a repeated document and a clear procedure are prescribed in the labor legislation. What should be done:
- A citizen who has lost the document must write a statement to the organization, which is considered the last place of official employment.
- The enterprise on the submitted application is obliged to collect the necessary information about the seniority of the citizen.
- An order is signed (a duplicate work book can be issued only on the basis of an order).
- The labor must be executed taking into account certain rules: information must be entered in accordance with the original.
- Information about the duplicate should be entered in the book of accounting.
- After receiving the finished document, the citizen must sign it in a special journal.
Required Documentation
In order to get a duplicate of labor, you need to collect a number of documents confirming the seniority of a citizen. If not, then the company can make a request to the FIU.
In the event of mass loss of documents, the company management should create a commission whose task will be to find out whether work was carried out, the length of service through requests and data processing.
The first thing a citizen needs to do is write a statement, which should state:
- the reason for the lack of a form;
- request for a duplicate;
- date of writing and signature.
The application can be written both by hand and printed. Most companies may have ready-made application forms.
How to draw up a duplicate work book? A sample application form will tell you the main nuances.
After the application has been considered, the head prepares an order to draw up a duplicate. The order should indicate:
- Document Number;
- main theses that establish the grounds for issuing a document;
- the document itself is published only in writing;
- Before demanding the signature of the person, the order must be submitted to him for review.
If the above requirements are not complied with, the issued document is considered invalid.
To confirm the working experience, documents such as:
- personal file of the employee;
- orders for admission, dismissal, transfer;
- certificates;
- employment contracts;
- settlement book.
Input information
How is a duplicate work book issued? First of all, you need to start by filling out the first sheet, which should contain only relevant information. Such information includes:
- full details of the employee;
- Date of Birth;
- type of education and its availability;
- profession or specialty.
The reliability of the listed data must be confirmed by documents. Therefore, a citizen must present a passport and a document of education. The first sheet also contains the signature of the employee who receives the duplicate, and the person in charge, as well as the company's stamp.
Next, in the employment form, you need to specify the number of work experience. To do this, in the third column in the information about the work, an entry is made about the general experience. Such information is not certified by stamp and signature.
The following columns are completed in order: when the employee entered the job, information about his position and organization, grounds for dismissal or transfer.
The duplicate should reflect only information that can be documented. No other information is entered.
All entries are made in blue or black paste. Not allowed errors, blots, abbreviations.
In the reissued document in the upper right corner on the cover page should be written "Duplicate".
The timing
As mentioned earlier, the process of processing a repeated document begins with the submission of an application. The legislation takes 15 days to fill out a duplicate work book. It is during this time that a duplicate must be provided to the employee. The same rule applies to former employees. Moreover, labor law does not provide for limitation periods for a citizen to apply for a duplicate labor.
Important points
There are situations when the head issued a duplicate of labor, and the employee finds the original. In such cases, only one document can have a formal status, which was last recorded in the accounting journal. Therefore, this is a duplicate.
The original can be left in case you need official confirmation of seniority in any authorities.
Extradition after dismissal
How to duplicate the work book if the employee has already quit? The legislation provides for the fact that the employer cannot refuse a citizen only on the grounds that he no longer works in this organization or is unable to provide information about workplaces after dismissal.
The company must issue a duplicate of the document on the basis of the application. Moreover, the fact that a citizen must provide information about the activities that he conducted after the dismissal was not indicated anywhere. The duplicate must be issued on a general basis.
Document Accounting
After the repeated document is filled, information about it is entered in a special accounting journal. Due to the fact that the duplicate document bears the same legal structure as the original, the rules for its maintenance, storage and accounting must be appropriate. The only difference is the note that this is a duplicate.
A work book form is considered an important document confirming not only the person’s labor activity throughout his life, but also a guarantee of his further pension accruals.
And despite the fact that the law provides for the issuance of duplicates for lost or damaged originals, it is better to be more careful and careful in handling your own work book. Indeed, the collection of information and necessary information takes a lot of time, and some information may be lost altogether. Therefore, you need to carefully treat this kind of documents, monitor its maintenance and storage.