How to restore a work book if it is lost?

There are strict rules governing the conclusion of an employment contract. The employee is required to familiarize himself with the working conditions, sign the agreement and provide personal documents. Passport, INN, SNILS work book - this is the required minimum, without which you are unlikely to be hired. And if you do not submit your passport and taxpayer and insured citizen identification numbers in the original form (copies are kept in your personal file), then the work book must not only be original, but also genuine. It is in it that the fact of hiring and all job movements that ultimately affect the insurance record are recorded.

But what to do if the work book is lost? How to get a new job? If you yourself have lost your work book, then there is only one option - to restore information about your work experience and fill out a new document. In cases where an employer loses a book (it doesn’t matter whether it’s new or previous), a different algorithm of actions is triggered. If the management of the company from which you previously resigned does not meet you halfway, then contact a lawyer and file a lawsuit. Recovering lost data is an employer's responsibility, and failure to comply with this responsibility should be punished to the fullest extent of the law.

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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.

The work book was lost by the employee

Losing your work record is serious. This is not like with a passport, which can be restored within a month by submitting an application on the government services website. In this case, it will not be possible to buy a new form and simply fill it out again. If your work record book is lost, you will have to spend a very long time and painstakingly collecting information about your work experience, work movements and relevant orders and instructions from all employers.

It’s good if you haven’t changed many jobs or have just started your career, then you don’t need to make too many moves to restore your work record. But if you constantly changed jobs or (even worse) moved to another city, then we don’t envy you. All that remains is to collect, collect and collect. And, as you understand, not all employers are happy to delve into the archives and provide data about your work experience. But these are all details. We will tell you what you need to do if your work book is lost due to your fault.

So, the work book is lost. Where to go, who to contact first? We initially mean the situation that only a dismissed employee can have a lost book, since during employment the employer is obliged to keep the document at home (in a safe). The work book cannot be handed over to the employee; this is prohibited even in cases where the employee requires labor information for higher authorities (tax office, Pension Fund). The HR officer will issue a certified copy upon request. And it would be nice if you still have it. Then you actually don’t have to do anything - if the original work book is lost, then simply give the official copy to the new employer.

If you do not have any documents confirming your experience, contact the personnel service of your previous employer and write an application. In your appeal, indicate that the work book has been lost, describe the circumstances under which this happened, and request personnel information. If you still have your copies of contracts and additional agreements with the employer, payslips indicating the position and accruals, orders on personnel movements (what if!) - great, attach them in addition to the application, this will speed up the process of restoring the lost work book.

An important point is that no one will re-schedule each period of work and each personnel movement. You need to confirm your work and insurance experience (and this is why you need a work book), the personnel officer will make entries in blocks and refer to administrative documents. That is why it is always important to have on hand a copy of the employment document, certified not only by the employer, but also by a notary. And if you have lost your work book, you will have to:

1. Decide what you want to do. It’s up to you to decide whether to create a new document or restore an old one. Indeed, if there are several minor positions recorded in the labor force, and the length of service is at most a year, then there is no point in chasing such information. If the insurance period is significant and will affect pension accruals in the future, then it is really necessary to restore the document.
2. Contact your previous employer (head of human resources) to reinstate your employment. More precisely, for the registration of a duplicate. This is what an employee must do according to the law - if you discover that your work record book is missing, immediately write a statement to the employer at your last place of work (clauses 31–32 of the RF PP No. 225 of 04/16/2003). The personnel officer issues a duplicate within 15 days. The document contains information about continuous work experience and awards from all previous employers, as well as information about the last place of work. Entries are made in a generalized form and with links to administrative documentation.
3. Ask your new employer to apply for a work permit. If you get a new job, but your work record is lost, here’s what you can do - write an application for registration of a new register addressed to the manager (Article 65 of the Labor Code of the Russian Federation). If your appeal is justified and reasoned, you will not be refused. But keep in mind that no one will enter information about previous experience there. You will be issued a new document, where the first line will be a record of employment with this particular employer.

All these rules apply not only to loss, but also to damage to labor. If the information is restored, then it is done like this: a new work book is purchased, “duplicate” is indicated on the first page of the strict reporting form in the upper right corner, information about the employee is formed in accordance with personal documents (passport, education diploma), information about the length of service is filled out according to local administrative documents. Work experience with another employer is noted in a generalized form.

But there is one more nuance. What should an employee do if the work record requires urgent restoration, and the previous employer was liquidated? The first option is to check whether it was final liquidation or reorganization. If the former employer reorganized its structure and joined another company, then it is quite possible to restore the documents. In the event of final liquidation, all documentary registers (including personnel documents) are transferred to the city/district archive. A former employee can contact the archive service and restore data on personnel movements. Orders, employment contracts, salary slips indicating the position, pay slips, time sheets - all these are grounds for including information in a duplicate work report.

If the former employer is still actively functioning and refuses to provide you with the necessary information, write a complaint to the Regional Labor Inspectorate and file a lawsuit. The judicial authorities will oblige management not only to restore the required information, but also to pay compensation in the amount of lost profits for the entire time that you are not working due to the lack of a work book, as well as to pay legal and moral costs.

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:

1. Drawing up an application for restoration of the Labor Code.
2. Submitting an application in person or by registered mail.
3. 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.

How to report data from your employment history to the Pension Fund

The law has not yet entered into force, and the exact procedure for transferring information is unknown. It may be possible to provide information about your experience through an application to the Pension Fund or through your personal account on the fund’s website, lawyers suggest.

How long it will take Pension Fund employees to update the database and whether they will check the information from the employee with the data from the work book is also an open question, adds Ekaterina Kiseleva, head of the department of personnel administration and project support of the UNITY personnel company.

Restoration through the state archive

This method is relevant in the following circumstances:

1. Previous places of work are closed.
2. 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.

Who needs to add job information first?

First of all, employees with extensive experience should contact the Pension Fund, says Ekaterina Kiseleva. It is more difficult for them to restore data if work records are lost, which means that this data must be protected as soon as possible.

Almost all employees need to duplicate work records in electronic form, Dmitry Kofanov is sure. In this case, it does not matter whether they switched to electronic labor or not. “Let information about the length of service be contained in the Pension Fund. Responsibility for its safety should lie with other people, and not with you,” the expert emphasizes.

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.

Why is it necessary to restore the shopping center?

A document containing records of a citizen’s work experience is stored in the organization where he is employed. According to the law, the TC is kept in the hands of only unemployed citizens, who will have to restore it themselves in the event of damage or loss. A person working remotely has the right to keep TC at home if he has agreed on this with the management of an organization located in another city or even region.

What happens to this document? It can:

• lose the employee himself;
• lose the organization's HR department;
• lose a government body or service (for example, the Pension Fund);
• render any person unusable as a result of mechanical or other damage.

In addition, documents are lost or damaged as a result of a mass emergency. This situation is separately regulated by law, and restoring the Labor Code in such a situation is often much easier than in an individual case. In any case, the law directly states whether it is necessary to restore a work book if lost - yes, since this is the main document for employment.

IMPORTANT!

An alternative is to switch to an electronic form of storing information about experience, which is available to anyone at any time.

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.

When is a duplicate work permit issued?

Information about periods of work recorded in the work book is of great importance when calculating a pension. What to do if it is lost or damaged? The issue in which cases a duplicate work book is issued is addressed in Part 3 of the Russian Government Resolution No. 225 dated April 16, 2003:

• the employee or employer has lost it;
• declared unfit;
• As a result of the emergency, documents, including personnel documents, were lost;
• the employee insists on its registration due to an invalid entry.

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 for restoring information about experience

The possibility of restoring a book 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 a new order of the Ministry of Labor. This legal act is the alpha and omega both for personnel workers and various government bodies, and for a person who does not know what to do if his work book is lost, but he needs to get a job - the Labor Code of the Russian Federation in this case there are no recommendations does not give.