As you know, troubles often sneak up absolutely imperceptibly. Namely, a huge problem can be considered the loss or damage of documents. If recovering some documents fairly quickly will not be a problem, then you will have to seriously sweat with others. At loss of passport all you have to do is go to the police, declare the loss and file an application for a new document. But what to do if the list of lost documents contains a work book? We’ll consider this question in more detail, but at the same time we’ll find out how to restore a work book through the Pension Fund.
What is a work book?
A workbook is a document that contains all the information about a person’s work experience. According to this document, upon reaching retirement age, a monthly pension is accrued.
The labor contains the following information:
- personal data of the owner (name);
- date of birth and information about the education received;
- data on the assigned specialty (qualification);
- Records of employment and dismissal.
The work book is considered one of the most important documents, and it must be stored in the most thorough manner, since its restoration is a very laborious process. But what if the book is still lost? You must immediately find out how to restore the work book through the Pension Fund.
Option 1: labor lost due to the fault of the employer
If the labor was lost due to the fault of the employer, then this does not cause any problems for the employee, since all the actions to restore the book will be performed by the employer. He will have to write requests to a variety of authorities, including archives. But this is under the condition that the book was lost as a result of unforeseen circumstances - fire, flood, etc. The nuances of whether it is possible to restore the work book with the help of the former management and how to do this should be consulted by lawyers or PF specialists.
Sometimes there are situations when the employer does not give the labor into the hands of the employee after dismissal. In this situation, it is better to start a trial. By the way, in the event of a similar situation, you can always ask the former boss for material compensation for each day of delay. Such cases are adjudicated fairly quickly, and, as practice shows, in favor of the employee.
Option 2: the book is lost due to the fault of the owner
Unfortunately, few people are familiar with the intricacies of the legal system. Therefore, they do not know how to properly restore the work book. Consider yourself a real lucky person if you lost it at the very beginning of your career. In this case, it will not be difficult to restore the work book. Article 65 of the Labor Code of the Russian Federation states that people who get a job without a work book have the right to write a written request in the name of the employer for a new one.
But if you lost your document with several dozen working years, then this is a problem, and rather a big one. You have the right to contact the last employer and request in writing to reinstate him. By the way, in order to avoid delaying this process, it is better to send a request in a notification letter.
The government’s decree “On labor books” clearly states that the employer agrees to help with getting a duplicate of the book within 15 calendar days.In this case, only information that you can confirm with the help of documents will be entered in the new book. And for this you will have to sweat a little - go around all the former places of work, demand help there, and in some cases also sit in dusty archives.
Why is the employer obligated to restore labor?
The question of how to restore a lost work book will never lose its relevance. Many people are puzzled why the help of the former boss is needed when restoring the work book.
To answer this question, you need to consider two key points:
- Keeping a book and making entries in it is a direct task for personnel departments. Moreover, these employees must have certain skills and knowledge. But the wrong record can greatly affect your future life, turning it into a series of troubles. However, it is worth noting that sometimes even experienced personnel officers make mistakes, and you will have to go to court to correct these errors.
- Filling the labor employer will protect him from some arbitrariness of workers. Just imagine what would be the mess if the workers themselves filled the books?
On what grounds are entries made in the new labor?
Losing a work book can turn your life into a nightmare. After all, you have to pick up documents for the entire length of the working experience and transfer them to a new document. It is logical that all the information contained in the labor must be officially confirmed. The following shall be deemed grounds for making an entry:
- employment contracts and agreements;
- certificates and extracts from archives about work in organizations that currently do not work;
- certificates from the places of former labor activity signed by the management;
- extracts from orders, thanks, etc .;
- payroll statements, including printouts from a bank card, copies of checks, etc .;
- court ruling on the establishment of length of service.
How to restore a book if you have a copy on hand?
If you have a copy of your work, certified by the accounting department or personnel department, then consider that you are very lucky and you were born in a shirt. A certified copy of the labor may be considered the basis for the issuance of a duplicate.
To do this, you must go to the last employer and ask in writing to restore the lost document by providing him with a copy. In this case, no problems will arise, all the data will be carefully transferred to the duplicate, and the owner of the book and the former boss will not have to knock down in search of references and extracts from the archives.
Stages of labor recovery
In any case, if a book is lost or damaged, it must be restored. More precisely, it’s not even necessary to restore, but to receive a duplicate, since it is practically impossible to restore all records verbatim. However, it is worth tuning in advance to the fact that this process is very time-consuming and requires a lot of patience. All arising problems should be solved at separate stages of recovery:
- Appeal to former employers in order to obtain a certificate confirming seniority.
- If the organization no longer exists, then you need to contact the archive with a request for an extract.
- Appeal to the local branch of the RF PF. You can find out how to restore the workbook through the Pension Fund directly from the specialists of the institution.
- Legal claim for recognition of seniority.
Getting a duplicate of labor through the Pension Fund
Obtaining a duplicate of labor means transferring to it all the data on seniority from the previous book. At the same time, all entries must be documented, that is, each workplace must be confirmed by relevant documents. If at least one employer does not confirm the fact of your work with him, then no entry will be made, and as a result you will lose part of your experience, and with it a part of your future pension.On how to restore the work book through the Pension Fund, while maintaining the entire experience, you will be advised by specialists of the institution.
The value of labor is just in retirement. That is, it is this document that serves as the basis for further processing of pension payments. And the seniority indicated in the employment will have a direct impact on the size of the pension. Sometimes errors creep into the document and the record automatically becomes invalid. If this situation occurs, you should contact the PF at the place of residence and try to restore the truth. But there is one caveat - you must submit a document that confirms the entry in the book. Only in this case, the PF can correct the error and enter information about the experience in the overall system.
In addition to references from previous workplaces and extracts from their archives, printouts from a bank card that received a salary, accounting statements on the calculation of salaries and bonuses, and also a personal account can be used as supporting documentation. The Pension Fund greatly simplifies the restoration of labor when a person has a certified copy of a lost book.
Key Points of the Recovery Process Through the Pension Fund
If you find that you have lost your work book, then do not rush to panic, try to maintain your composure and contact the PF staff more quickly. They will tell you what to do next. Of course, you will have to restore your work with the help of the last employer, but personally you will need to confirm your real experience, and for this you will have to go through “7 circles of hell” and a lot of paperwork.
As a rule, all information about the experience is transferred to the Central Archive of the Pension Fund, so the document can be restored. True, it is worth mentioning one nuance - it is very difficult to get help from the archive. Most often, such requests are denied. Although, in principle, you can agree. But if you can’t get a certificate, then get ready for trips to all your employers. If the organization is closed or liquidated, you will have to visit the archive.
Secrets of PF in the procedure for obtaining a duplicate labor
Few people know that the PF provides for a somewhat simplified procedure for restoring a book. To confirm your work experience, you can contact the PF specialists with a request for an extract on the payment of mandatory pension contributions. Such an opportunity is provided for by the Decree of the Government of the Russian Federation of April 24, 2012 “On Confirming Work Experience in Pension Calculation”. True, here you will have to sweat a bit, because in order to get an extract you need to provide documentary evidence (copies of contracts, personal account, statements and salary, etc.). As a rule, these documents can be collected.
But what if the documents of liquidated organizations are not in the archive? In this case, the Pension Fund allows confirmation of experience with the help of testimony. You will be required to provide written testimonies from 2 or more witnesses who have worked with you in the organization and have corresponding entries in the work books.
Separately, it is worth mentioning that such testimonies must be properly drawn up and certified by a notary public. True, there is one caveat - a similar procedure is applicable only if the labor was lost (spoiled) through no fault of the owner of the book. Well and most importantly - after providing all the necessary documents, carefully monitor the filling of the duplicate, otherwise you will receive additional problems.
Subtleties of designing a duplicate labor
Upon receipt of a duplicate of a lost book, it is necessary to fill it in with full compliance with the requirements of the law. Firstly, all entries must be complete, that is, not have any abbreviations. They should be entered in chronological order.In addition, no grammatical or punctuation errors are allowed.
All entries must be made with a pen in violet or dark blue ink. The seals of the organizations in the book must be clear so that the inscriptions can be distinguished. Well, of course, we live in Russia, so all entries must be in Russian. And most importantly - remember that the work book and the Pension Fund are inextricably linked, so carefully monitor your documents if you do not want problems when retiring.
