You can trace the official career path of a citizen of the Russian Federation using a work book. It is drawn up by the employer upon first employment and then stored in the personnel department or, upon dismissal, in the hands of the employee himself. It includes personal data, level of education, relationship with the employer, position, profession and other data. Sometimes a work book is lost, then to restore it you need to perform a number of actions. We’ll look at how to restore a work record in this article and identify several options for the development of events.
Procedure
To restore the TC you will need the following papers:
- An empty TC and an insert for it, if necessary.
- Employment contracts from previous places of work.
- Orders of dismissal, appointment of an employee, etc.
- Certificate from the Pension Fund of Russia.
It’s good if a person has a copy of his work record. It is required to be certified by the HR department each time you change jobs.
The first step to restore a document is to draw up an application to the employer. The law does not provide clear instructions on how to prepare this application. It is drawn up in free form. Sent to the HR department of the last place of work. The new work book is issued by the employer on the basis of documents provided by the employee. You can confirm your activities and length of service using employment contracts and appointment orders. You can obtain documents from your previous places of work. To confirm your work experience you will need a certificate from the Pension Fund.
IMPORTANT! To confirm your experience, you will need original documents.
ATTENTION! A person can take care to simplify the recovery up front.
To do this, you will need a copy of the work book, certified in accordance with all the rules. If the document is certified, the entries from the copy are simply transferred to a new book. The employee will not have to run around to their former places of work. This is the best option, since, with a lot of experience, not all records can be restored. Some jobs may simply no longer exist, as companies tend to close.
Additional questions
What to do if your last job was liquidated
To get reinstated, you need to go to your previous employer. If this company was liquidated, then going to the Pension Fund or the archives is pointless, since the employee cannot independently make records of his work experience. The only way out is to go to court. A claim needs to be filed. It is the court that will handle access to archives and the Pension Fund. Based on the information received, a duplicate is issued.
Restoring a work book in case of loss or damage, if the employee previously worked in several organizations
Often employees bring a damaged document and ask how to restore the work book. If parts of the pages are missing due to a tear, the entries are incomplete and difficult to read, and the book is invalid. New entries cannot be made to it. If you continue to maintain such a work record, the GIT inspector may fine you. And the employee may have difficulties when assigning a pension.
In this case, the duplicate is drawn up by the last employer. Please fill out the “Job Details” section as follows. First, enter information about your total length of service for the period prior to joining your organization, if you have supporting documents. Do not enter the company name.
Then make notes about your work in the company. Enter information about transfers and dismissals based on available documents: employment contract, agreements, personal card and others. Enter information about awards in the appropriate section.
Keep in mind that they must be certified, since it will not be possible to restore the work record otherwise. Take into account the specifics of restoring a work book if it is lost, if the employee worked in another company that was liquidated. The process is not much different, but it may be difficult to find the archives where the documents are stored. You must provide assistance, which follows from paragraph 32 of Rules No. 225, paragraph 11 of Rules No. 1015, paragraph 7.2 of Instructions No. 69.
Is it possible to get a new work book?
Two options are allowed:
- Issue a new work book (LC). This can be done with a short period of work, when the document is lost due to the fault of the employee, and he does not want to waste time collecting certificates. In this case, information about insurance contributions will be stored in the Pension Fund (PF) database. They will be taken into account when entering a well-deserved retirement. If the Pension Fund does not have information about any work intervals, they will not be taken into account when applying for a pension.
- Restore a lost TC, that is, get a duplicate. This option will reduce problems when retiring or getting a job.
The work book contains the following information:
- Last name, first name, patronymic of the owner.
- Date of his birth.
- Information about education.
- Profession (specialty) of the owner.
- Date of completion.
- The seal of the organization that issued this document, the signature of the person responsible for issuing the books.
- Information about all places of work. This includes the date of admission and dismissal, a link to the documents on the basis of which this was done, etc.
When can a duplicate of a lost work book be issued?
Troubles that can happen with work books include:
- loss by the employee himself;
- its loss by the employer with whom it was kept;
- its unusability due to mechanical and similar damage (torn, burned completely or partially, filled with liquid, etc.);
- mass loss due to emergency incidents (the law specifically identifies such a case).
This is also important to know:
Deadlines for payment of vacation pay according to the law, calculation of compensation
In all these cases, the Rules require that a duplicate be drawn up (in fact, they regulate how to correctly restore a work book).
Note that if an employee is hired who does not have a work book and claims to have lost it, he is allowed to create a new one, and not write out a duplicate.
Similarly, in the situation of hiring a citizen with a damaged work book, you can issue a duplicate, or you can get a new one.
In other situations, the employer’s procedure has some differences.
This is handled by the HR department at the place where the application is submitted:
- Current work – for employed people.
- The last organization where a person worked was for the unemployed.
If after a few days the book is still not found, it is better to immediately begin processing its duplicate.
Attention! According to Art. 31 of Chapter 3 of the Decree “On Work Books”, the employer is obliged to issue it within 15 days from the date of receipt.
Several scenarios are possible:
- The situation if the employee has not worked anywhere before this moment or worked unofficially is the simplest. The personnel officer draws up a duplicate based on the data from the employment order and other documents of his organization. You can read how to correctly make all the entries in Art. 7 “Features of filling out a duplicate work book” of the Resolution of the Ministry of Labor. Do not forget to provide supporting certificates to the employee; they will be very useful to him when applying for a pension.
- If the employee has previously worked in different companies, the situation is more complicated. Here it is important not to lose a friendly relationship with a colleague, because in order to issue a duplicate, information from all previous places of work will be required. Many companies may refuse to send such certificates by mail, insisting that the employee come to them in person or the organization makes an official request to their company (the preparation of a duplicate may take a long time).
- The most unpleasant option is if the old enterprise no longer exists. But the situation is not so tragic, although the restoration of labor will take much longer than in the two previous cases. When a company is reorganized or merged with another, all documents must be kept in the new company. Any organization in the process of its liquidation is obliged to deposit all personnel and accounting documents in the state archive. You can make a request to the state archive at the place of the company’s past existence. If there is no response or the papers have not been saved, you can contact the Pension Fund with the same request. True, this option is suitable only if the employee worked at this enterprise relatively recently, since registration of insured persons in the compulsory pension insurance system was introduced not so long ago.
An employer's actions when hiring a new employee without a technical qualification
A man came to get a job who had lost his work book, and he didn’t know how to restore it. If the employer is not interested in information about his previous places of work, he has the right not to send such an applicant to restore the information himself, but to accept him immediately with the creation of a new document. To do this, the applicant will have to write a statement stating that he has not had a TC before. In this case, restoration will not occur. In fact, such an employee will need information about the length of service in the future to apply for a pension, and he will still have to make a duplicate for himself and apply to the Pension Fund to restore the length of service.
If a new employee nevertheless brought a work book, but it turned out to be damaged and it is impossible to maintain it further, the employer will independently create a duplicate, thereby starting the restoration procedure, and transfer into it all possible information about the work from the old book.
Restoring a book through the Pension Fund of Russia
Restoring a document through the Pension Fund is the easiest option. This is a free and quick procedure. Let's look at the recovery steps:
- Drawing up an application for restoration of the Labor Code.
- Submitting an application in person or by registered mail.
- After 10 days, the Pension Fund sends a response indicating the period of the employee’s work, his length of service and the companies in which the person worked.
IMPORTANT! Restoration through the Pension Fund is a method that has limitations. Personal records in the fund began to be kept relatively recently, and therefore not all data can be obtained this way. In particular, the Pension Fund stores information only for the last five years.
Restoration through the state archive
This method is relevant in the following circumstances:
- Previous places of work are closed.
- The Pension Fund does not have the required information.
In all other situations, it makes sense to use other methods, since restoration through an archive is a labor-intensive procedure. To obtain the required information, you must submit a written request. However, you need to be prepared for the fact that the answer will not come soon.
IMPORTANT! If an employee worked on a rotational basis, then requests must be sent to regional archives.
What to do when liquidating a company
If the organization no longer operates, then all data on your work activity can only be found in the archives. As we have already said, the process of resolving an issue through the archive is not quick. But the problem is aggravated if there is no data in the archives (a quite common situation) or access to information is limited. Then the issue is resolved through the court. This is a long process associated with monetary costs, but in some cases this is the only chance to restore the work record.
The work book is the main document for receiving a pension. When switching to electronic media, there will be fewer problems with collecting lost data, but even now the chance to quickly recover lost information is high and should definitely be taken advantage of.
Loss of document by employer
If the work book was lost by the employer, then it is he who bears the responsibility for restoration. For example, if there is a massive loss of books, the employer collects a commission to determine the length of service of all employees. It includes only non-interested persons:
- employees of other departments;
- trade union members;
- representatives of the executive branch.
If exact information about the employee’s place of work is not available, the information must be confirmed by two witnesses. Based on the results of the work performed, a report is drawn up. Paragraph 34 of the Ordinance mentioned earlier indicates the use of the act in restoration.
The law does not contain precise instructions regarding actions to be taken if an employer loses a document. If a large number of books are lost, the organization may be fined for improper storage under the Code of Administrative Offenses. If a company has lost a document and therefore cannot issue it when an employee is dismissed, the latter may request compensation.
ATTENTION! If the document of one employee is lost, the employer takes standard actions: contacts the Pension Fund, a state fund.
How to issue a new one
Restoring a damaged or lost work book begins with an application from the employee to the employer. The application is sent to the general director of the organization or individual entrepreneur - employer. The application is drawn up in any form, or you can use the form accepted by the organization. The application must indicate your full name. employee and a request to issue a duplicate document.
Sample application for a duplicate work book
General Director of Plus Minus Equal LLC Vasiliev I.P. From: Sales Manager Ivanov E.A.
Statement
Based on Article 65 of the Labor Code of the Russian Federation, with this application I ask you to issue a duplicate of the work book in connection with its loss.
Signature, date.
Employee actions
If an employee has suspicions that the employer lost the document intentionally, he can contact the Labor Inspectorate. It makes sense to go to court only if the employee is sure that the organization deliberately lost the document. You can go to the court under the following circumstances:
- The employer refuses to restore the book without explanation.
- The employer denies the fact of employing the citizen.
The court obliges the company to take care of issuing a duplicate.
ATTENTION! The court is a last resort, since the measure involves wasting time and drawing up a claim. There is no need to pay a fee, since cases related to the Labor Code are not subject to fees.
Features of filling out a duplicate TC
The duplicate contains information about the total length of service in years, months and days. Specific places of work are not indicated. Only the last place of work is registered. This registration is relevant if the employee has not provided documents confirming his other places of work.
A stamp is placed on the title page of the document indicating that the book is a duplicate. You can read more about registering a duplicate work book if it is lost by following the link in this sentence.
The ease of restoring a work record depends on the specific case. If the previous employer continues its activities, and the Pension Fund has all the required data, then the procedure is relatively simple. Things get more complicated in cases where the data cannot be obtained or the former employer has been liquidated. The employee will have to go to court. During the time until a duplicate is received, it will be quite problematic to get a job. Therefore, you need to take care of receiving the document in advance. Neither the employee nor the employer should delay this.
Legislative norms that will tell you how to restore your work book if it is lost
The possibility of restoring this important document is determined by the rules for its maintenance and storage, but the procedure for entering information into a duplicate and the requirements for its execution are given in the Instructions for filling out the Labor Code, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69. Both of these legal acts are alpha and omega both for personnel workers and various government bodies, and for a person who wants to restore his seniority. The Labor Code does not provide any recommendations in this case.
