The only document that can confirm where, when and how much time a person worked is a work book. It indicates absolutely all data on work for the entire time of labor activity. Therefore, its filling and storage should be treated very responsibly, since the restoration of the work book in case of loss is a very long and difficult procedure.
Who should recover the document?
As a rule, the book is restored at the last place of work. But here it should be borne in mind that the obligation will appear only after writing a request for a duplicate.
Which one to consider the last employer of all whom you previously worked for depends on your choice.
How do workers cunning?
There were situations when a person was fired not according to the most pleasant article. In order not to get a bad record, some allegedly lost it and applied for a duplicate not at the last place of work, but at an earlier one.
In addition, the fact of loss or damage to the document can be reported at the new place of work, where you have just come to get a job. In this case, the employer restores the workbook.
Why is restitution assigned to the last employer?
Despite the fact that you yourself have probably lost your labor, because the employer kept it carefully and carefully and he did not give it to you, he will still have to restore it. In addition, in case of violation of the order relating to the safety of the work book, a staff member could receive a disciplinary sanction, which could also go to dismissal.
There are two main points to explain this state of things:
1. Keeping a work book, as well as making various entries in it, can only be done by people with special knowledge.
If an entry is made incorrectly, various unpleasant consequences can occur, up to the point that the recording will be considered invalid.
Although it should be noted that experienced personnel make mistakes that can sometimes be corrected only through the courts.
2. The book is filled out by the employer personally, if it is an individual entrepreneur, or by a personnel officer, that is, a person who is responsible for what he writes in the document. In the same way, the restoration of records in a document is also performed. The record is also stamped and signed by the personnel officer, which helps to protect against the appearance of arbitrary records.
Just imagine how confusing it would be if workers could write something in their work books on their own, as they like.
Application for the restoration of the work book
In general, no special form is provided for such a statement, but the actions of the employer depend on its correctness, it should be said about how it is drawn up, presented and what features it has.
So, according to the current rules, the restoration of the work book is carried out at the last place of work, and a duplicate is presented there.
The first paragraph, that is, the heading of the application contains the name of the last employer and from whom the application is submitted.
The second paragraph indicates the grounds on which a citizen applies to this organization - loss, theft or disabling.
Is it necessary to confirm the loss of the work book?
At the same time, nothing is required to confirm the loss of the work book, and this is impossible. But with her spoilage, it is best to attach the old book to the application, noting in the form itself that it was transferred to the employer.
As for theft, this fact is best confirmed by the fact that you have been handling a statement to the police.
For the reason that the former employer does not want to deal with your pressing problems at all, the third paragraph will be able to remind him that, according to the rules, a duplicate of the document must be drawn up and delivered to the hands of the employee fifteen days from the date of application.
In order to avoid disputes regarding the date of appeal, you should write a statement in two copies.
Accordingly, one is transferred to the secretary or another authorized official, and the second copy is marked with a delivery note with the obligatory affixing of a date, it must be left to itself.
What to do in case of refusal to put a mark?
If the official refuses to put a mark, then the application in a single copy is sent by registered mail. You should also ask for a response notification that the letter was received by the addressee, and an inventory of the attached documents.
In this case, the deadline will start from the moment the notification of receipt arrives at hand.
The exception is the case when the current employer makes a duplicate with whom the employment contract has not yet been terminated.
In such a situation, the restoration of the work book may not necessarily take fifteen days. You will receive a duplicate of your document only after leaving.
What documents are the basis for labor book entries?
According to the rules of maintaining these documents, in duplicate entries can be made only on the basis of correctly executed documents. These include:
- written employment contract;
- certificates from past employers;
- certificates from archives confirming the working hours of previous employers;
- an order for admission or dismissal;
- payroll statements and so on.
Correctly executed documents mean that all of them must be provided in the original form or in copies that are duly certified. That is, regardless of whether the original or a copy of the document is provided, it must have real signatures and stamps on it.
For this reason, it should be noted the differences between the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 and the Resolution of the Ministry of Labor of Russia of 10.10.2003 No. 69.
If the first assumes that entries can be made on the basis of copies of orders for employment, then in the second case this is done only from the originals, from which the employer makes copies and independently certifies them.
In this regard, the Decree of the Ministry of Labor is not very justified, since basically the employee is not even given a copy of the order, but only an extract, which, frankly, cannot be attributed to the original.
It is very good that the Government Decree has more significant legal force, due to which all contradictions in these acts are eliminated.
The employer must help in collecting the necessary documents, but he himself is limited in his own actions, since he will constantly have to prove that personal data is not requested on a personal initiative, but to help the employee.
The very same citizen, who is a direct participant in labor relations, can collect all the documents in a much shorter time.
What particular records should be present in the duplicate work record?
In general, the general rules for filling out a duplicate are no different from the original.
But since all original documents are not always provided, there are some requirements for the minimum set of records in a duplicate of a document.
Thus, the duplicate must necessarily indicate information on the continuous work experience of a citizen until entering the service of the current employer, as well as information on work and awards entered in the workbook at the last place of work.
Work experience is indicated by the total amount, that is, how many years, months or days without specifying the employer, for how long and by whom the owner of the work book worked previously. So, now it has become a little clear what records are indicated, how exactly the recording is supposed to be done when the workbook is restored.
A sample recording can be found on any resource on the Internet, but we’ll talk about exactly how the correct recording should look. After that, the general or continuous experience, which is confirmed by the relevant documents, is recorded in separate periods of work in chronological order:
- The second column indicates the time of employment.
- The third column contains the name of the organization where the citizen worked, as well as the position and rank.
- If possible, documentary evidence of the transfer to another position at the same place of work must be marked.
- Then, in the column 2, the date of dismissal is also entered, and in column 3 its reason if the employee can submit a document with such data.
- If the documents do not contain the complete information specified above about past workplaces, then only information from the documents is recorded in the labor.
- Column 4 contains data on the document on the basis of which the record was made.
A feature of making entries in the book is also that if the original document was the basis for the entry, then the duplicate may indicate another document that contains only a reference to the order or the employment contract.
Thus, the duplicate contains information of just such a document, even if it contains a link to a job order.
How is the restoration of the work book if the employer has lost them en masse?
The current legislation provides for a situation when in an emergency there is a massive loss of workers' books. It is clear that then their mass recovery is required.
There are several nuances that distinguish the mass recovery of entries in the workbook from the usual.
So, not one employee of the staff is already working on the restoration of books, but a whole commission, which establishes the experience.
Moreover, such a commission is created by the executive authorities of the constituent entities of the Russian Federation, and not just the affected organization.
The composition of such a commission includes representatives of employers, trade unions or other authorized persons.
If an employee can document his / her seniority, then with a massive loss of work books in the absence of documents, the seniority can be established on the basis of witness testimonies that the employee knows personally and worked with him at the same employer.
It is also envisaged that the restoration of the work book and making entries is carried out on the basis of an act of the commission, which indicates all periods of work, profession and length of service of the employee.
Is it obligatory to restore the work book?
According to the current rules, it is the employee’s responsibility to file an application to restore the document in case of loss or damage.
In addition, the work book is one of the required documents that must be presented when applying for a job. An exception is when the contract is concluded for the first time. Otherwise, the employer will be punished if he does not keep a work book.
You can also search for a sample of the restoration of a work book on various Internet resources, but whether you need it, since you cannot carry out such a procedure yourself.
At the same time, no penalties are applied to the employee for the fact that he did not apply for the restoration of the book. Moreover, the labor code stipulates that if a citizen does not have a work book upon entering work because of loss, damage or for any other reason, the employer is obliged to start a new one on the basis of a written application. And this work book will not be considered a duplicate.
So, it is not necessary to talk about the obligation to restore this document, especially if you take into account that if previously the work record confirmed the seniority when assigning a pension, then since 1997 the Pension Fund has retained all the information about the seniority of each citizen. Therefore, when assigning a pension, paper books in principle have already lost their role. Thus, we can say that the restoration of the work book is not a mandatory procedure. A pension fund can calculate a pension without it, based on various income from employers.
