Often (for example, when applying for a mortgage loan), employees need a copy of their work record book certified by the employer, a sample of the correct execution of which will be discussed in our article. A certified copy is also required when applying for subsidies, international passports and in other cases. An incorrectly certified document can cause wasted time and nerves, therefore there are rules for certification of labor documents and only a limited number of employees of the organization can certify the document.
Why write a statement?
The work book is a strictly recording document, therefore certain norms and rules have been developed in relation to it, including those regarding maintenance and storage.
- Form and sample
- Free download
- Online viewing
- Expert tested
FILES
After an employee is hired, he submits his work record book to the company’s human resources department. Here all the necessary information is entered into it and here it is part of the employee’s personal file and is stored until his dismissal. Responsibility for its contents and safety usually lies with a specialist in the personnel department, who has no right to either make any “extra” entries into it or hand it over to anyone, even the owner. If the latter needs to provide information from it to any authority, the personnel officer must make a copy or extract from the work book. But the trigger for starting this process is a written statement from the employee.
"Copy is right"
The copy can be made on a photocopier, it is also allowed to scan and then print or simply print on a computer manually, but in the same size as the original.
The work book can be copied in whole or in part (only the requested sheets). But in both cases, a copy of the title page is required. It is also necessary to indicate where the original is stored (company name, case number, date).
All copied sheets are marked with o. And on the last page the employer makes a note that the employee is currently working in this organization.
The sheets are numbered, stitched, a stamp is placed at the stitching site, the signature of the responsible person is indicated, and the number of pages is indicated. Then, on each page, the head of the organization puts his signature, its explanation (first name, last name, patronymic), and the position he holds in the company. The seal is placed so that it partially covers the text, but allows it to be read.
Depending on the location of the request, a duplicate work permit may have different validity periods:
- for a visa - three months from the date of issue;
- Pension Fund, social security authorities, banks - one month.
However, a number of financial organizations limit this period to 14, or 3–5 days.
A document drawn up by a notary does not have a restrictive period - unless, after its issuance, new records about the citizen’s work appear in the original.
In any case, in order to avoid unnecessary waste of time and money, it is necessary to clarify with the organization requiring the provision of a copy how it should be prepared and what is the period of its validity.
Where may you need a copy of your work record?
You may need a copy of your work record anywhere. In most cases, these are government agencies, for example, various administrative and social services (for assigning benefits, allowances, subsidies), as well as banking institutions (for obtaining loans and credits).
In fact, the list of addresses at which it may be necessary to present a copy of the work book is quite wide, but cases are not excluded when the work book is lost (lost) for some reason, and then this copy can also serve as an excellent service - on its basis you can make a duplicate, sequentially restoring all the necessary records.
A copy of the employment record may also be required when applying for a second job (i.e. part-time).
Normative base
When filling out a duplicate work book, they are guided by the rules established by the Instructions for filling out work books. It was approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 and is mandatory for all employers, regardless of their form of ownership.
The book form contains the following information:
- personal information about the employee;
- data on working periods;
- information about awards and incentives.
When hiring, transferring, or dismissing, references to the documents that serve as the basis for this are required. When registering a duplicate, all this information must be transferred, except for the following cases:
- when the original copy contained invalid entries;
- records cannot be restored.
Drawing up an application
There is no unified, uniform sample application for issuing a copy of the work book, so the employee can write it in free form or in a form developed at the enterprise. Applications must include a number of required information:
- information about the company where the person works,
- position and full name of the employee in whose name it is written,
- request for a copy,
- date,
- compiler's signature.
If desired, you can indicate the reason why a copy was required, as well as the authority to which the document is required to be presented, but if there is no such desire, then, by law, the employee is not obliged to write this.
The procedure for issuing a duplicate in the event of a massive loss of technical documentation
The massive loss of labor documentation at an enterprise due to emergency circumstances, fire, accident and other natural events, due to the exceptionality of the situation, does not require applications for a duplicate work book from employees.
In such cases, duplicates are issued to all employees at the initiative of the employer.
A special commission must be created, which includes representatives of the employer, trade unions, and other interested organizations (clause 34 of Resolution No. 225).
This commission is engaged in establishing and confirming the work experience of employees, including requesting and receiving all the necessary supporting documents from the employees’ previous places of work, and also collects and analyzes orders, contracts, statements preserved at the enterprise, interviews witnesses, etc.
In the most difficult cases, work experience is proven in court. Based on the act, which is issued by the commission based on the results of such work, the employer draws up a duplicate of the Labor Code.
As you can see, the process of restoring a lost TC is quite labor-intensive. The gradual transition to electronic work books planned by the Government of the Russian Federation from 2021 will completely solve the problem of preserving employee data on work experience.
The article will discuss filling out a duplicate work book, which may be required if the original source document is lost. As an example, we will use samples from 2021, which will facilitate the visual representation of this document.
Does the employer have the right to refuse to issue a copy?
If an employee requires any information from the work record, issued in the form of an extract or copy, the employer does not have the right to refuse this request.
According to the law, a work book is the property of the employee, which is kept by the employer for the period of validity of the employment contract. If you do not issue an extract or a copy, this will become a violation of the employee’s rights, upon which he has the right to complain to the labor inspectorate, which, in turn, will issue an order to eliminate the violation and subject the employer to administrative punishment.
How to make a duplicate?
To obtain a duplicate work record book, an employee must contact the employer with a corresponding application. If the book is lost or damaged, then upon entering a new place of work, the citizen requests in writing the need to get a new book to replace the old one.
The HR department must review the application and issue a duplicate within 15 days from the date of the employee’s request.
Important! The employee is charged the cost of the form if replacement of the work book was required through no fault of the employer.
The employee has the right to request the production of a duplicate from the employer from his last place of work. However, he does not have the right to refuse such a request, citing the statute of limitations of dismissal. You should know that there is no statutory limitation period for this, so you need to demand a duplicate or go to court.
Sample application for issuing a copy of a work record book
From the point of view of office work, this statement has a completely normal structure.
- At the beginning of the document on the left or right (it doesn’t matter) the addressee is indicated:
- full name of the organization indicating its legal status (IP, OJSC, LLC, CJSC),
- job title,
- last name, first name and patronymic name of the manager (or other person responsible for issuing copies of work books).
- Next, enter the position and last name, first name and patronymic of the applicant.
- Below is written the date of the application and the locality in which the company is registered.
- After this, the word “statement” is indicated in the middle of the line and a period is put.
- Next comes the actual text of the request for a copy of the work book. Here you can (but not necessarily) indicate the reason and refer to the letter of the law, which clearly states the employee’s right to receive copies of his personal documents from the employer.
- Finally, the document must be signed and the signature decrypted.
Procedure for issuing a duplicate
When issuing a document, the personnel service must adhere to the following order:
- Receive a statement from the employee requesting and indicating the reasons for issuing a duplicate work book. It is drawn up in any form addressed to the head of the organization. It is certified by the personal signature of the employee and the date of preparation is indicated.
- Based on the application, an order is issued for the organization, with which the employee who requested the duplicate must be familiarized with signature.
- It is the responsibility of the HR department to raise the appropriate records and restore the records. Such documents include:
- employee's personal file;
- orders for personnel, which reflect information about hiring, dismissal, relocation, etc.;
- employment contracts concluded with the employee;
- Additionally, a citizen's identification card may be required.
- A duplicate is issued to the applicant within 15 calendar days. Upon issuance, a note is made in the work record book and the signature of the person who received the document is affixed.
How to get it certified by a notary and how much does it cost?
Copies of documents certified by a notary always have advantages over other duplicates. This method, although it is more expensive, provides the document with greater legal force and, speaking of how long it is valid, know that it has an almost unlimited validity period.
As for the work book, its notarized copy is valid until changes are made to the document or it loses its validity.
The cost of labor certification varies depending on the region of work and the prices of a particular notary. In order to certify a copy by a notary, you will need a minimum package of documents:
- passport;
- employment history;
- general power of attorney (in some cases).
In addition to the availability of these documents, an important condition is also the quality of the work report itself - it must be drawn up in compliance with all requirements, and not have any damage or incorrect corrections. In case of invalidity, the labor notary has the full right to refuse to issue a copy of it, and if necessary, the refusal must be justified in writing.
Reasons for receiving
Each person may need information about periods of work in completely different situations. You can confirm them using your work record. As a rule, this document is kept by the employer, so you often have to make a photocopy of it. So, a duplicate work book can be useful in the following cases:
- To register a pension at the Pension Fund;
- When obtaining a visa to travel to another country;
- To obtain a foreign passport;
- To create a resume;
- To obtain credit loans;
- In case of loss of a document;
- To adopt a child.
This list of situations is, of course, far from exhaustive. Typically, a copy is required by various government agencies or large financial organizations. Moreover, it may be in demand for a second job, for example, for part-time work.
After concluding an employment contract, the original book must be kept in the HR department. You can gain access to the document only after dismissal from your main place of work, so it makes sense to demand a copy of it from the employer. How to properly duplicate a work book? First of all, the spread with the employee’s personal data is copied, and only then the remaining sections. Copies of each page must be made on a separate sheet and numbered in the appropriate order.
New rules
Some adjustments have been made to the legislation, which are important to know when preparing a copy. They began to operate on July 1 of this year. Now all employers are required to adhere to the new methodology for certifying books.
The main difference is that now it is additionally required to make a note about where exactly the original work document is stored. Typically, the storage location is indicated in the safe of the personnel department or accounting department of the enterprise.
If such a signature is not made, the copy will be considered invalid and will have to be reissued.
You can learn more about this in the following video.
