How to restore a work book if lost?
A work book is an important personnel document. It is required to immediately make a duplicate in case of loss. According to Decree of the Government of the Russian Federation No. 255 of April 16, 2003, this important document cannot be issued again. If the book is lost and it is restored, then the duplicate version is marked “duplicate”.
It is necessary to find out at the very beginning who is to blame for the fact that the book was lost.
Determining who is at fault affects who should be responsible for creating the second version of the document.
There can only be two clear answers to the question, because the work book can be either with the employer or with the citizen himself, who was not working anywhere at the time of the disappearance. This means that either the organization’s HR department or the citizen himself may be to blame for the loss.
If the owner has lost the book, then he will have to deal with the new book himself. To solve the problem yourself, you need to prepare all the necessary documents that prove actual work at the enterprises.
Such documents include certificates of total length of service, employment contracts, personal accounts, receipts for receiving payments. It must be remembered that a photocopy of the book is not the main document in this case, even if it was certified by the personnel of the enterprise.
If the employer has lost his work book
>
Documents are not always lost due to the negligence of the owners. It also happens that the book is lost due to the fault of the organization where the person worked. If the employer’s guilt is beyond doubt, then he bears all the hassle and costs of obtaining a duplicate (Article 65 of the Labor Code).
In this case, the head of the enterprise proceeds as follows:
- takes an application from a subordinate to issue a duplicate;
- collects the necessary documented evidence of experience from other organizations where the person worked (it is recommended that the applicant himself do this. If one of the companies has already been liquidated, the data can be requested from the archive);
- writes out a duplicate on a blank form of the work book;
- enters information about work based on available official data - copies of orders for employment and dismissal, certificates of periods of work (Resolution of the Ministry of Labor No. 225 of October 10, 2003). The word “duplicate” must be placed in the upper right corner of the title page.
Attention! All data is entered only on the basis of information from the provided official documents on experience, and not from the words of the employee!
Who can help?
If the document is lost by the manager, then he must arrange for a duplicate and restore the records. The book may be lost due to the inattention of the manager or his employees.
The head of the enterprise (or individual entrepreneur) is responsible for the safety of all important documents in the workplace from the day the citizen gets a job.
In addition, the books of many employees may disappear if, for example, an emergency occurs. You also need to know the following: if an organization has been subjected to theft, or it has burned down, then in order to confirm the length of service of any employee, a group of people from the trade union, government agencies and the manager gathers.
If important papers confirming a person’s work at a particular enterprise are missing, then it is necessary to go to court . During the trial, the general length of service will be renewed based on the evidence of the employee’s colleagues.
In addition, it is possible to restore the document by contacting the Pension Fund of the organization where the person recently worked.
A citizen has the right to immediately seek help from the head of the organization as soon as a loss is discovered. The employer will have to issue a duplicate of the book and this obligation is not affected by the fact that the employee may not have worked for him for a long time. How long ago a person left the organization does not matter either.
When dismissing, you need to make sure that the necessary entry and relevant details are present in the work book, otherwise the work experience cannot be taken into account.
The HR department can restore the work book after its owner writes the necessary application.
The organization must restore the document within two weeks . To do this, the citizen submits documentary facts proving the existence of work experience; they are taken as a basis by the personnel department in order to make the necessary entries in a duplicate of the book.
The manager has the right to ask the citizen to submit the necessary documents (certificates) from previous places of work (paragraph 7, clause 7.2 of the resolution of the Ministry of Labor of the Russian Federation) if the loss occurred due to the fault of the owner of the book.
If there are no documents confirming the citizen’s length of service, then the HR department will not be able to record data on the length of service on a duplicate. If such a circumstance exists, you will need to contact the Pension Fund.
Situations when recovery is required
Situations in which it may be necessary to restore a document confirming experience are varied.
Among them may be:
- loss of the book by the employee himself;
- loss by employer;
- damage to the work record form (for example, as a result of mechanical damage).
Separately, the law indicates situations when it is lost as a result of an unforeseen, force majeure event.
READ Agreement on termination of a lease agreement for non-residential premises: sample 2021, form
In all of the above cases, it is important to begin document recovery in a timely manner, since its availability is necessary for:
- Employment. A work book is a mandatory document when registering an employment relationship.
- Proof of work experience. Many employers, when recruiting personnel for certain positions, require potential employees to have certain experience in their specialty.
- Confirmation of work experience. When contacting a number of government bodies, in particular the Pension Fund of Russia, the work book is the only confirmation that contains the necessary information about the periods of work activity.
Procedure
In order to restore a lost work book, there is a certain action plan :
- The first step, as discussed above, is to determine who is to blame for the loss of the document.
- After this, you need to contact the HR department at your last place of work and provide them with an application for a duplicate.
The organization is given fifteen days to restore the work record.
It is necessary to remember that you must submit the application in person, and also check for the presence of a signature on acceptance. Control is also possible through registered mail, which includes a notification of delivery. If the loss of employment occurred due to the fault of a citizen, then the restoration of the document is the direct responsibility of the person, and the head of the enterprise can only contribute.
This document is restored the same way everywhere. To do this, you need to send a corresponding request to the managers, and they, in turn, will issue documents about the length of work, length of service and position held by the citizen.
Reinstatement due to employee fault
In those situations in which the employee himself, for some reason, is to blame for the loss of his work book, he needs to write an application for reinstatement. When filling out, you must not make mistakes in the text . Unemployed people who want to restore their work record must contact their previous place of work. Citizens who have a job must fill out an application at the HR department.
When writing an application for reinstatement, you need to take into account some features:
- The application must be written on behalf of the employee to the manager. In other cases, you can write to the company addressed to human resources employees.
- The company name must be indicated. Full name of the boss and the employee who is applying.
- You must enter the title of the document.
- It is indicated why the employee is asking to receive a duplicate.
- Must be dated and signed
It is advisable to leave contact information so that the people responsible for restoring the work record .
Filling out a duplicate
The HR department is aware of how to correctly make entries in a duplicate:
- Calendar numbers are entered in Arabic numerals.
- You cannot resort to cuts and corrections.
- To enter data, use a blue or black pen.
- The word “Duplicate” is written in the top corner.
Read our article for instructions on filling out work books.
Start filling out from the first sheet, on which you enter the necessary information:
- First name, last name and patronymic of the citizen.
- What date was he born?
- What specialty does he have?
- Information about activities.
- After this, the citizen confirms the data with his signature, and the HR department employee puts a stamp.
If there is a photocopy
If a person has taken care in advance to photocopy the book and have it certified, then making a duplicate will become faster and easier . A photocopy of the book can be certified by HR or by an accountant.
If a citizen at the time of losing the book has a copy of it, then he needs to submit a statement of loss to the organization in which he recently worked. A photocopy of an important document must be attached to the application.
After the HR employee is provided with an application and a copy, he will be able to begin restoring the work record. At the same time, entries that were marked as invalid will not be included in the second version of the book.
To restore the length of service , it is necessary to take as evidence documents from previous organizations in which the citizen worked. These documents must be given to the current manager. Based on them, records are made about the number of hires, the date and reason for dismissal, and the name of the document.
From this we can conclude that the easiest way to restore a book is to have a photocopy of it and provide it at the right time.
Thus, information about the owner will be renewed in the first days after submitting the application, along with proof of the accumulated experience.
For this reason, it is recommended to always make a photocopy and have the document certified.
Restoration of work record
In case of liquidation of the enterprise
First you need to make sure that the company has been liquidated. The possibility of transforming the organization should be excluded. If a new enterprise has been formed, which is the successor of the previous one, then the documents can be obtained there.
If the organization was actually liquidated, it is recommended to contact the archive to obtain the necessary certificate. All organizations during their liquidation move their main documents to the archive. There you need to pick up a certain document, which is an archival certificate.
Through the Pension Fund
Before contacting this authority, it is recommended to develop an action plan, as well as prepare the necessary documents to prove work experience . To restore a book through PF, you must:
- Find out who is to blame for the loss.
- Find a photocopy of the main document.
- Prepare a folder with basic papers that relate to work activities.
- Come to the Pension Fund to obtain information about all previous organizations in which the citizen worked (such information is stored in a special Pension Fund archive).
- Submit an application to the head of the organization to restore the document.
If the work book is lost in the HR department, then the manager is obliged to leave a request to previous places of work, to the Pension Fund and its archive.
