How to restore a work book if it is lost or damaged?

A new work book can be issued in two cases

A person applying for a job enters into an employment contract for the first time (in accordance with Part 4 of Article 65 of the Labor Code of the Russian Federation, when concluding an employment contract for the first time, a work book is drawn up by the employer).

The person applying for work declares the loss, damage or absence of a work book for any other reason (in accordance with Part 5 of Article 65 of the Labor Code of the Russian Federation in the event that the person applying for work does not have a work book due to its loss, damage or for another reason the employer is obliged, upon a written application from this person (indicating the reason for the absence of a work book), to issue a new work book).

general information

Surely many have lost or heard from friends about the loss of a passport of a citizen of our country. Of course, the situation is not pleasant, but you must admit that the passport can be restored since all the information contained in it is stored in the FMS office.

the restoration of work records is different . If you have lost your work book, how can you get a new one and what entries should you make? How to correctly fill out a new work book if the old one is lost?

Often, information from the employment form is not contained anywhere except on the employment form itself.

This means that if it is lost, it is almost impossible to properly restore all the information contained in them. As sad as it may be, such situations happen quite often.

Some people lose their work documents on their own, while others lose them in the organization’s archives.

One way or another, if such a situation occurs, a new work book is urgently needed to replace the lost one.

The question also often arises: if the work book has expired, how to start a new one? We will try to answer these questions in our article. So, how to properly issue a new work book?

When applying for a new work book, pay attention!

The registration of a new work book is carried out by the employer in the presence of the employee no later than a week from the date of hiring.

When applying for a new work book, it is mandatory to receive a written statement from the person applying for work indicating the reason for the lack of a work book.

In this case, the reason for the lack of a work book can be any, and the employer, having received a written application, does not have the right to refuse the employee to issue a work book. The employer is obliged to issue a new work book only for an employee who has worked for him for more than five days and if the work for this employer is the main one for the employee (Part 3 of Article 66 of the Labor Code of the Russian Federation, paragraph 3 of the “Rules for maintaining and storing work books ...”, approved by the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”).

Some personnel officers believe that if an employee goes to work for the first time, then the employee should not write an application asking for a work book, since Part 4 of Article 65 of the Labor Code of the Russian Federation does not require this.

But let me ask: How can a personnel officer find out whether an employee is getting a job for the first time or not?

I believe that only after receiving a written statement.

Therefore, in my opinion, it would be correct to request from the employee a written application for the issuance of a new work book in the event of its absence for any reason.

It should also be remembered that the employer is obliged to constantly have in stock the required number of work book forms and inserts in it (clause 44 of the “Rules for maintaining and storing work books...”, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”). An employer does not have the right to require an employee to buy a work book on his own.

When issuing a work book to an employee, the employer charges him a fee, the amount of which is determined by the amount of expenses for its acquisition.

Is it possible to get a new one if you lost your old one?

How to create a new work book? If you have lost your work book, then, of course, the question arises: how to get a duplicate work book after its loss?

Unfortunately, only citizens who have a work book .

Therefore, you need to receive, but not a work book, but a duplicate of it .

It often happens that a work book becomes the object of loss, but according to the law, an employee can only have one work document . This means that the employee receives not a work book, but a duplicate of it.

The legislator allows you to receive a duplicate work book if it is lost, but warns that it should also be issued by the employer , not the employee. Therefore, the preparation of a new work book (we provide a sample below) lies on the shoulders of the employees of the enterprise’s HR department .

What does a duplicate work book look like (photo):

How to restore a work record?

If the employee is to blame for the loss, and a new employment contract has already been concluded, it is necessary to write a statement about the loss to the personnel department of the company about which the last mark was made. Personnel officers will make a request to the appropriate authorities, then make a duplicate of them. By law, a certified duplicate must be issued within fifteen days.

The employee can also restore the book himself. If there is a certified copy, all data is entered into a duplicate; if there is none, it will be necessary to collect again all previously concluded employment contracts, orders of appointment or promotion. All of them must be originals. In addition, you need to go to the Pension Fund to obtain a certificate of experience.

List of documents

List of documents for restoring a work book:

New book form;
Insert form (if there was one);
Copy of work (if available);
Orders of dismissal, promotion or appointment from previous jobs;
Certificate confirming work experience from the Pension Fund of Russia;
Other documents on request.

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If the work book is lost by an employee and he cannot find past employers, he should contact their possible successors, for example, if the enterprise is reorganized. If there are none, you need to go to the territorial archive at the legal address of the previous employer. If nothing is found here, then the only thing left to restore your seniority is to go to court with the available evidence: documents, testimony of witnesses (for example, former colleagues).

So, what to do if an employee’s work record is lost is clear: collect documents about the length of service and write a statement. But it happens that they lost it at work and cannot give it back upon dismissal.

Restoring a work book if lost by the employer

If the employer loses such a document, a commission is created to determine the reasons. It should consist of uninterested people. For example, specialists from other departments, representatives of the trade union. According to the Labor Code of the Russian Federation, if the data entered into the labor report is not reliable, it is confirmed by two witnesses.

If the manager cannot explain the reason for the loss of the document, or evidence has been provided that he did it intentionally, it is necessary to contact the State Labor Inspectorate or the court.

How to restore a book if an organization is liquidated?

If the organization is liquidated, you must contact the archive. A certificate will be issued with all the information. Invalid entries will not appear on the certificate. If the organization has been reorganized, you need to contact the HR department.

How to restore records if you lose your work book?

When restoring, the data is entered without abbreviations, in accordance with the rules and instructions established by law. To fill out the duplicate, use a pen with black, purple or blue ink.

When restoring a document, you must comply with:

Correct writing order;
Reliability of information.

All entries are made in the state language.

Who restores the book?

Restoration responsibilities are assigned to the last employer if the citizen writes an application for a duplicate. The citizen himself decides who to consider as his last employer. The loss or damage of the book can be reported when applying for a new job; in this case, a duplicate must be issued by the new employer.

Recovery time

Even if the document was lost due to the fault of the employee, or after dismissal, he must go to his last boss, who, in turn, will refer the former employee to the personnel department. Recovery time is 15 days (calendar). The citizen must sign for the new document.

Is it possible to issue a new document if the old one is lost?

The answer to the question of how to restore the form depends on who is to blame for its loss. For example, if your employer ruined your work record, then he should be the one to restore it. If the employee himself loses his work document, he is also responsible for obtaining a new document. First, let's decide in what ways you can get your work back. So, to restore the book , you should contact:

To a current or previous employer;
To the Pension Fund of the Russian Federation;
To the state archive;
To the judiciary.

The most reliable way is to apply for a new form from the Pension Fund. This organization contains all the necessary information about the employee’s work experience based on the results of his payment of the necessary insurance contributions. Moreover, all information is provided absolutely free. However, this method is not suitable for those citizens whose work experience is more than 15 years. In this case, you should immediately contact the territorial branch of the State Archive.

Preparing a statement of claim is a last resort, which should be resorted to only after a conflict has arisen with an employer or employee of one of the above organizations. So, if one of them refuses to restore your book, you have the right to sue this person.

How to restore experience if you lose your work book?

Many people are interested in what happens to seniority in the event of loss of employment, because it is rarely possible to collect all orders for hiring, promotion and dismissal.

The copy includes data on the total or continuous work experience before entering service at the last enterprise. The total length of service is entered in total, that is, the total number of years, months and days of work is indicated, without specifying which employer, period of service and position.

Sample application for loss of work record

An application for the issuance of a duplicate document should be written by hand, on a sheet of A 4 format. The header should contain information about who this application is addressed to (full name and position) and from whom, residential address and telephone number must also be indicated.

Just below we write the word “Statement”. Next, the period of the citizen’s work in the company and position are indicated. It is necessary to indicate the period of loss of the book. You should then indicate a request for a new copy to be issued within fifteen days. At the end, the date of drawing up the application and the signature of the applicant with a transcript are entered.

Application: how to write it correctly?

An application for restoration of a work book is drawn up in accordance with the rules. On the right side of a blank A4 sheet, you write information about where exactly you are sending the application - either to the pension fund or to the employer. You also indicate information about yourself, starting with your first name, last name, patronymic and ending with contact information.

In the application, you write about when you lost your job and under what circumstances. Also, your application must contain a request to issue you a duplicate with its execution in accordance with the norms of the labor code.

The application itself is certified by the seal of the organization or pension fund. Your signature and date of submission are included. Other documents may be attached to the application at your request.

Also remember that the application can be typed on a computer or written in black or blue pen in clear handwriting.

Application for reinstatement of work book - sample.

How to competently arrange the issuance of a new work book and a duplicate of the previous book

We are completing a series of articles devoted to the preparation of non-unified personnel documents in difficult situations (see the articles “We prepare personnel documents when an employee’s personal data changes” and “What personnel documents are drawn up when an employment contract is annulled”). Today we are publishing an article that will help an accountant draw up personnel documents in case of various incidents with the work book.

As you know, a work book is a document that records the employee’s career path. It contains information about hiring, transfers, and dismissals. The responsibility to reflect all these situations in the work book lies with the employer. At the same time, the rules for making entries in the work book are quite clearly regulated by law. But these rules are about standard situations. Life often turns out to be much more inventive.

How it happens in practice

The Labor Legislation clearly defines the process of restoring various types of documentation. But there are times when you have to look for alternative solutions. This includes working for shell companies, bankrupt enterprises, fraudulent companies and much more. What to do in such a difficult situation and where to look for help?

Try sending employers requests for an extract indicating your length of service. Honest employers, even after closing a business, retain documentation and records about employees.
If you cannot find them (employers), you should go to the State Archives, which will provide the necessary records. In case of illegal existence and/or closure of the company, State. The archive is powerless.
Contacting the Pension Fund can significantly speed up the process of obtaining data. It should be noted that this is free and will not take you more than 10 days.
The final authority is the court. It rarely comes to this, but still, it is better to know about this option.

The employee lost his work book

Consider the following situation: an employee, having quit his job and received a work book, successfully loses it. What should an accountant do for an organization where such an employee has come to find a job? First of all, you need to request an application from him to draw up a new work book due to loss (damage, damage, etc.). It is formatted like this:

General Director of Valentino LLC Skorokhodov D.B. From call center operator E.P. Dubova

Due to the fact that during the period before concluding an employment contract with Valentino LLC, I lost my work book, and on the basis of Part 5 of Article 65 of the Labor Code of the Russian Federation, I ask you to issue me a new work book. I know that I am obliged to pay the cost of the work book form.

E.P. Dubova December 26, 2011

Please note: such an application is submitted by the employee, and not the candidate for the position. This means that you first need to conclude an employment contract with this person, despite the fact that he does not have a work book in his hands.

After the manager endorses this application (if this is provided for by the document flow system established in the organization), and the employee pays the cost of the work book form, the accountant can begin filling it out. It should be taken into account that in this case we are not talking about issuing a duplicate (clause 31 of the Rules for maintaining and storing work books*, approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225), but about issuing a new work book to replace the lost one (last paragraph Article 65 of the Labor Code of the Russian Federation). This means no information about total length of service, etc. there is no need to enter it into the book - it is filled out in the same order as for an employee entering work for the first time.

The fact that the employee’s application has been fulfilled will be confirmed by his handwritten signature on the title page of the work book. Therefore, there is no need to take a receipt from the employee for the issuance of a new work book.

An employee found something missing

As you can see, the situation with the loss of a work book is resolved quite simply. Difficulties begin if the employee subsequently finds his work book, wants to cancel the new book and get a record of his current work in the previous work book.

Let's start with the fact that this issue is not regulated by law at all and, strictly speaking, does not require regulation. After all, the employer has a handwritten application from the employee, where he asks to be issued a new work book due to the loss of the previous one. The presence of two work books will also not affect the pension rights of an employee in any way - both the periods under the first work book and the second will be counted towards the length of service. The law does not say that receiving a new book automatically cancels the lost one.

Finally, replacing a work book is difficult purely technically. The fact is that the organization must keep a book recording the movement of work books and inserts in them. And in this book the employee’s new work record book has already been “lit up”. Moreover, there is also a receipt and expenditure book for recording work book forms and the insert in it. This book also reflects data on the issuance of a new work book to an employee. It turns out that now it will be necessary to cancel the entries, invalidate the new work book form, resolve the issue of its payment, etc. In general, there are a lot of difficulties.

Therefore, our advice is to refuse the employee’s request to cancel the new work book and make an entry about the present work in his previous (once lost, and then found) book. At the same time, the employee must be explained that having two work books does not entail any negative consequences for him. You also need to give him a certified copy of his application for a new work book (in case in the future you need to explain to employers where the previous work experience went and where the second work book came from).

Duplicate for a former employee

Let's continue the topic of lost work records. In principle, an employee who, after being fired, suddenly discovered that his work record has “gone somewhere”, has an alternative behavior option to the one described above. He can contact his former employer and demand that he be given a duplicate work book. According to paragraph 31 of the Rules for maintaining and storing work books, the employer is obliged to issue this duplicate.

Obviously, the application for a duplicate must be in writing:

Director of Saragon LLC Petrov N.I. From Dubova E.N.

In connection with the loss of the work book, during the period after dismissal from the position of a call operator and before employment at another place of work, on the basis of clause 31 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, I ask you to give me a duplicate work book. I know that I am obliged to pay the cost of the work book form.

E.N. Dubova December 26, 2011.

Based on this application and documents available in the organization, the accountant must prepare a duplicate work book within 15 days. The procedure for registering a duplicate is spelled out in sufficient detail in the legislation, so we will not dwell on it in more detail. Let's just say that the accountant must strictly follow the letter of the law and enter into the duplicate only the information that is available in the documents. No additions, corrections, etc. You cannot do this, even if the error (for example, in an article or paragraph of an article) is obvious. Everything that is in the documents must be exactly - word for word - transferred to a duplicate - that is the law!

When handing over a duplicate to an employee, do not forget to take a receipt from him for receipt. This can be done directly on the application - have the employee write in his own hand (at the bottom or on the back): “I received a duplicate of the work book in person,” put the number and signature.

Erroneous entries

Probably every accountant who has had to deal with personnel work knows that entries made in the work book by mistake can be corrected by declaring them invalid. But for many, it comes as a surprise to the rule that any employee in whose work book there is an invalid entry related to dismissal or transfer may require a replacement work book. Meanwhile, such a right is granted to the employee by clause 33 of the Rules for maintaining and storing work books.

Accordingly, if, for example, upon dismissal, an employee sees in his work book an entry made by mistake (and declared invalid) about a transfer or dismissal - you must admit, anything can happen and no one is immune from mistakes - then he can ask to replace such a work book with a duplicate . However, one oral request is not enough in this case - paragraph 33 of the Rules for maintaining and storing work books directly refers to a written statement.

For example, it might look like this:

To the director of JSC "Vask" Nurin P.S. from senior economist O.P. Durgilieva

Due to the presence in my work book of a dismissal record that was declared invalid, and on the basis of clause 33 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, I ask you to give me a duplicate of the work book.

Durgilieva O.P. December 26, 2011.

Please note that in this case, the employee, by virtue of the direct instructions in paragraph 48 of the Rules for maintaining and storing work books, is not obliged to pay the cost of the work book form.

The duplicate itself in this case is drawn up on the basis of the “damaged” work book by transferring “word for word” all existing entries into the new work book (except, of course, those that served as the basis for issuing the duplicate). After issuing a duplicate, it must be issued to the employee simultaneously with the “damaged” work book. Do not forget to take from the employee a receipt of their receipt with the following content: “I received a duplicate of the work book, as well as a work book in which there is an entry about the dismissal, which was declared invalid. Number, signature."

*Full title of the document – Rules for maintaining and storing work books, producing work book forms and providing them to employers.

Source: BukhOnline.ru Author: Alexey Krainev, tax lawyer of the “Accounting Online” portal

Quote (Flashka-T): Hello! Thank you for the article. Can you help me figure out what to do with my work record? On the title page, the incorrect entry of the patronymic name is not crossed out, but rather ERASED and CORRECTED. On page 1 of the cover it says “Believe the Corrected.” Seal. Signature. Date of. These corrections were made by the organization that ISSUED the work book in 1984. I understand that big problems await me when applying for a pension, which is just around the corner. *Is my work book valid with such corrections (by the way, there are others in the work information)? *Is it possible to issue a duplicate? *Wouldn’t it look strange that I would have to write out a duplicate for myself, because... Now I work as a document manager and am responsible for maintaining work records?

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Step-by-step instruction

To the employer

When applying for a duplicate work permit from an employer, you need to:

draw up an application addressed to the employer to issue you a duplicate of the work book;
confirm the application with the organization’s seal in the HR department;
submit an application to the employer;
wait until he starts sending out requests to the organization where you previously worked.
sign a completed duplicate of the work book.

To the Pension Fund

If you want to restore your work book through the pension fund of our country, then you also need to write a statement about the loss and restoration of your work book and take it to the pension fund;

Having considered the application, the pension fund will restore a duplicate of your work book, where your last place of work will be indicated;
When submitting, fill out a specially issued certificate;
you must come to the pension fund for a duplicate and, after signing on the title page, pick it up for yourself.

How to restore a work book if you have a photocopy

Often, after loss, workers are left with a photocopy of their work record book (see here). But due to the fact that not every employee knows what needs to be done with it, a photocopy of the work record does not help in the matter of reinstating the work record.

If you apply to your employer for a duplicate, provide him with a photocopy. Thus, requests that they will make to other organizations will be sent faster and using a photocopy you will be able to restore in duplicate your entire work experience.

If you apply for reinstatement of your employment to the pension fund, then also provide a photocopy along with other documents.

this document will facilitate faster work on your work record book, and you yourself will be able to go to your previous place of work and, based on a photocopy, demand that the record be made again.

Lost work book - what to do?

Despite active discussions around the topic of abolishing work books, this document is still endowed with legal force and significant value in the field of labor relations. It is for this reason that the loss of a work book can play a cruel joke on its owner in the future when applying for a new job and when entering a well-deserved retirement.

This situation can happen if:

the employer lost his work book;
the employee himself lost his work book;
there were extraordinary circumstances (flooding, fire, malicious intent of the former employer, etc.).

But no matter what the reason for the loss, this situation should never be left without a solution. Otherwise, over the years it will be extremely difficult to do this. What to do if you lose your work book?

There are a number of legal mechanisms to restore this personal document. You should definitely resort to them directly.

application for loss of work book sample

Contact your employer. According to the law, when a loss is discovered, a citizen must immediately go to his last place of work in the personnel department and provide the personnel officer with a statement about the loss of the work book, a sample of which does not exist as such. Just be sure to appeal in writing with a request to issue you a new personal document in connection with the loss of the previous one, referring to Part 5 of Article 65 of the Labor Code of the Russian Federation.

We sorted this out, but here’s what to do: if at the time of the loss you had just gotten a job, then what workplace should you take as your last one? If you have already got a job in a new organization and signed an employment contract with the new employer. then it is he who should send his application. If you did not have time to register at a new place of work, or at the time of discovery of your loss you are looking for a job, then you should contact your previous employer. He has no right to refuse you, and you have every chance to restore your lost personal document.

Even if you buy a new form, and these days they are sold at almost every turn, and you yourself recreate the entries that were once entered quite legally into your work book, such a document will not have legal status. Do not forget about liability for forgery of documents.

Therefore, when a loss is discovered, the owner of the missing document must clearly understand that it cannot be restored under any circumstances. But the official issuance of its duplicate is the responsibility of the employer. And only such a new document, drawn up by the employer, can be confidently presented both to the Pension Fund and during employment.

The law states that after filing an application for the loss of a work book by an employee, within 15 days the employer is obliged to issue a duplicate to the employee of the enterprise (even a former one). It does not matter whether the work book is completely lost or exists, but it is damaged (burnt, stained or torn). The duplicate must include complete information about the work activity and awards of the employee from the last place of work.

When registering a duplicate work book, the algorithm of actions of the employer and the owner of the book may well differ, it all depends on the reasons for its loss.

When is a duplicate issued?

Let's try to figure out in what cases it is issued and where to get a duplicate work book.

If lost

If a work book is lost, can they issue a new one? The loss of a work book is of course a sad event. Filling out a duplicate work book if it is lost is complicated by the fact that you do not even see a piece of the old work book in front of you, which means you cannot restore at least partially all your records.

One way or another, since if a work book is lost, a duplicate is issued, when applying for a job, insist that each employer take photocopies of it , and only then send all the documents together in a personal file.

How to issue a duplicate work book after its loss (example):

In case of damage

If the work book is damaged, and it does not matter how this happened, if the records are unreadable, then the employee should also think about getting a duplicate .

A damaged work book is tantamount to being lost , because the information from it also becomes inaccessible to people.

In case of mass loss by the employer

If for some reason work books were lost and not through the fault of the employee, but through the fault of the direct employer, this is a sign that on the shoulders of the employer . The loss of books can occur both through the fault of the employer and through the fault of circumstances beyond his control.

How to change your work permit if it has expired?

If your work book has expired, what should you do and how to start a new one? In this case, there is no need to create a duplicate.

If there is no space in the work book, just ask the HR department to insert an extra form and write the following entries on it.

Other cases

If entries about the employee were incorrectly entered into the work book, and entries that are not related to the work book appear in it, the work book is replaced .

It should be replaced with a duplicate. The same applies to damage to the labor document in the form of incorrect stamping . Registration of a duplicate work book takes place at the last place of work .

Loss of a work record book by an employer

Loss of a work book by an employer can occur for two reasons:

as a result of emergency circumstances (natural disasters, fires, floods);
as a result of employees’ negligence in their duties or employer retaliation.

For the first case, the rules provide for the creation of a commission to study the factors of loss. Its composition, in addition to representatives of the employer, the workforce and the trade union organization, must include an employee of the executive authority at the location of the enterprise. As a result of the investigation of this commission, an act will be drawn up, which will serve as the basis for issuing a duplicate.

In the second case, the legislation provides for fines and administrative liability for employers and officials responsible for the loss. If the employer brings to your attention that the work book has been lost and is not going to do anything, then the employee can turn to the local labor inspectorate or prosecutor’s office for help, and then possibly go to court. This, most likely, will not return the desired document to you, and you will be forced to issue a duplicate of it in the manner prescribed by law and described above.

In any case, you must understand that proper storage of work records is the responsibility of the employer, therefore, full responsibility for the loss of the employee’s work record lies with him.

“Loss” of a former employer - what to do?

There are often cases when the owner of a work record book, at the time of registration of its duplicate, finds out that the organization in which he once worked was liquidated. For him, this means that this enterprise no longer exists as a source of supporting documents for making entries in the book. What to do in this case?

First of all, you should find out that your employer was actually liquidated and not reorganized, simply changing its name, or undergoing any other change (merged with another organization, entered as a division into a larger structure, or, conversely, became its branch). If this turns out to be the case, then the new enterprise, being the legal successor of the old one, is obliged to give you everything you need.

If it turns out that your organization no longer exists, then submitting a request to the archive, where liquidated organizations must submit all their documentation, will help you resolve the issue with the lost book. A certificate from the archive is a convincing argument for making the necessary entries in the work book. If the necessary information is not found in the archival institution, the owner of the book will have to send an application to the court with a request to recognize the fact of working in this company, with the support of at least two witnesses.