Restoring a work record: step-by-step instructions

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.

How to restore a work book if it is lost

If you lose your work book, there is no need to immediately panic. There are many ways to restore it. Some situations will force the employee to run around, and sometimes the employer has to collect information. The answer to the question of how to restore a work book if it is lost depends not only on the circumstances. Sometimes this is not necessary.

If an employee has just started his career and has not worked for more than 3 months (an employment record has been made in the employment record), then there is no need to make a duplicate document. The Labor Code of the Russian Federation (Article 65) states that in this case it is enough to issue a new work book. The employer does this, but only after receiving a corresponding application from his employee.

If the employee has extensive experience and length of service, then restoring the work book after loss is the only possible way to reflect the information. In this case, you must contact the employer with a statement containing a requirement to create a duplicate.

The need to collect documents falls on the shoulders of the person through whose fault the strict reporting form was damaged or lost.

Simply reproducing old entries into a new work record is illegal. They may be held accountable for this, because such actions are regarded as forgery of documents. Therefore, it is strictly forbidden to restore the work record yourself.

The concept of recovery is not entirely correct. Such a document cannot be restored. Legal entities only provide the opportunity to create a duplicate of it. Its registration is a legal action. A duplicate can be presented to the Pension Fund or another supervisory authority to calculate the length of service.

A new document is issued within 15 days after drawing up an application addressed to the employer. How to restore a work book if lost? The answer to this question depends on who is to blame for the incident. An identical procedure is used in case of damage to the strict reporting form (if it is burnt, torn or very dirty).

There are several ways to restore employment. This includes an appeal to the employer, the Pension Fund of the Russian Federation, the State Archives, the court, and independent collection of documents. Even if the employee himself is to blame for the loss of the work book, he can ask for help from the head of his institution.

There are specialized organizations that deal with solving employee problems, restoring a work record, or defending rights in court, among other things.

Restoring a work book if an employee loses it: sample

If for some reason the employee himself is to blame for the loss of the work book, then he needs to write an application for restoration of the work book if lost by the employee, a sample of which will help prevent mistakes when filling out the document. Unemployed people need to apply to their previous place of work. Employed citizens fill out such an application from a personnel specialist.

There are a number of points to consider when writing an application:

• it is written on behalf of the employee to the head of the organization or simply to the organization (indicating a personnel service employee as the recipient is incorrect);
• The name of the company, full name of the employer and the applying employee must be indicated (additionally, you can enter the address of the organization);
• the title of the document is written;
• it is necessary to indicate on what basis the employee is asking for a duplicate (loss, damage, theft);
• The date of preparation of the document and the personal signature of the employee must be indicated.

If the citizen is no longer an employee of the organization, then you need to leave your contact information so that the responsible person can inform about the registration of a duplicate.

Free or unified form

There is no unified application form for reinstatement of a work record. Enterprises can independently develop forms of this document that are valid within the organization. If there is one, then it is better to use it. Otherwise, you can write an application in any form, indicating all the necessary data.

The document can be typed on a computer or written by hand. The signature is affixed manually. The application must be clear and competent. There should be no strikethroughs or corrections.

Should I attach evidence?

If the employee himself is to blame for the loss of the work book, then he independently collects supporting documents. Their names are indicated in the application itself. Above is information about organizations (names, general fund, contact details, formats of supporting certificates), periods of work.

To protect yourself from possible misunderstandings, it is better to keep proof of sending the application. Their form will depend on the method of sending.

Who pays for the restoration of the work record?

To fill out a duplicate, a new work book is required. It is purchased by the employer himself, since the document is a strict reporting form. “How to restore a work record yourself?” - This is a question that citizens often ask. If we are talking about filling it out on our own, then such a procedure is illegal. Only the employer or an authorized person can enter data.

The costs of purchasing a work book are borne by the employee himself if he has lost it. The head of the organization has the right to deduct from his salary only the amount that he paid for the purchase of the form, regardless of the current market price.

If all documents and the application are filled out correctly by the employee, then within 15 days he will receive a duplicate of the work book in his hands.

Restoring a work book if lost by the employer

The employer may himself lose the work record of his employee. This may happen for one of the following reasons:

• emergency circumstances (floods, fires and other types of natural disasters);
• negligence of persons responsible for storing documents;
• deliberate damage or destruction of a work record book.

Depending on the situation, it is determined how the work book will be restored if it is lost by the employer. If extraordinary circumstances are to blame, the employer creates a special commission to determine the reasons for the destruction of the work record book. Members of the meeting are representatives of:

• employer (manager himself or responsible persons);
• trade union;
• organizations (members of the workforce);
• executive authorities (an employee of the institution is sent to the meeting in accordance with the location of the enterprise where the incident occurred).

At the end of the meeting, an act is drawn up. It is the basis for issuing a duplicate work book.

If the employer refuses to restore

If the employer himself does not take any action to restore the document, and it was lost through his fault, then the employee can contact the labor inspectorate or the prosecutor’s office. Then you can sue the employer.

If a document was lost or damaged due to the negligence of the responsible person or intentionally, and the employer and the responsible person refuse to restore it, then they will be held administratively liable. They may be fined. For officials it ranges from 1 to 5 thousand rubles, for legal entities - from 30 to 50 thousand rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

If the employer is ready to make a duplicate, then he himself collects the necessary documents to restore the work book. The employee only needs to write an application to restore the document. The duplicate must be made within 15 days.

The employee himself will not have to collect certificates from previous places of work or buy a new work book at his own expense.

Sometimes it is possible not only to restore employment, but also to recover damages from your employer if the document was lost through his fault. For each day of such a delay, you can receive an amount equal to your average daily earnings.

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.

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.

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.

If your work book is lost, how to recover records

When preparing a duplicate, the HR specialist must be guided by information that has official confirmation in the form of documents drawn up in the proper form (originals or properly certified copies). The presence of living signatures and seals on them is a necessity.

The list of documents accepted as evidence is reflected in two documents at once:

• Decree of the Government of the Russian Federation No. 225 of April 16, 2003;
• Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003.

The duplicate work document is filled out in accordance with the same rules as the original document. Therefore, when answering the question, if a work book is lost, how to restore the records, you must be guided by the rules for filling out the work book itself.

What data is required?

An employee cannot always receive certified copies or extracts of all orders, including various awards, incentives, and promotions. Therefore, mandatory requirements were developed for what records should be reflected in the duplicate work report. This includes the following information:

• length of service prior to hiring (total and/or continuous);
• information about incentives and work at the last place of employment, which was recorded in the work book.

Correct indication of length of service

The total length of service is indicated in total for the entire period of work, exactly to the number of days worked. Information about work in specific organizations, time periods, positions is not specified.

Next, information about work experience (continuous, total) for specific periods is indicated. How to restore experience if you lose your work book? Obtain supporting documents from all places of employment and provide them to your previous or current employer. The following information for each place of work is entered into the duplicate in order (in accordance with the periods of work in specific organizations):

• date of hire, name of organization, position, specialty, profession (if necessary, qualifications are indicated);
• information about transfers within the organization (if any);
• date and reason for dismissal (if reliable information is available);
• the name of the document, the date of its preparation and number (we are talking about the document on the basis of which information is entered into the duplicate, it can be an archival certificate, a certificate from the Pension Fund of the Russian Federation, a court decision or something else).

The main difference from filling out a labor document is the basis. If, when filling out the original, the data of orders is written down, then a different document is indicated in the duplicate, including one containing information about the order or employment contract.

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.

How to properly file an application for reinstatement

Sample application for issuance of a duplicate work book

An application for a duplicate is submitted on behalf of the employee to the employer or directly to the organization.

The application first of all indicates the reason for which the employment was lost, and then states the request.

The immediate date of writing the application and the employee’s signature are indicated. You can type on the computer or write by hand in clear handwriting.

The application is written in the name of the employer or in the name of the organization itself. But when writing an application, you cannot contact the personnel department employees. As a rule, information about the employer is written in the header, namely his last name, first name and patronymic, as well as the name of the organization and its direct contacts.

A correctly written application for the issuance of a new work book contains contact information, the reason for the loss, a signature and a request for a duplicate. If the organization has a special form for this, use it.

The application must be written as competently as possible. It is practically unacceptable to leave errors in the application. It is also undesirable to have strikethroughs in the application.

The application, like any other document, can be written by hand or printed on a computer, but the seal and signature must be affixed individually to each application by the employer himself.

https://youtu.be/qkmoiaKami0

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.

Is it possible to restore a work record?

The procedure for restoring this document depends on whose fault it was lost. There may be several options here:

• the employee himself is to blame;
• The employer or the person responsible for storing work records is to blame.

The course of further actions depends on the answer to this question. There is no need to panic in such a situation, because restoring a work record is possible, even if it requires the expenditure of your own efforts and personal time.

The employee and employer must remember that they are responsible for the safety of this document. If a personnel specialist or other responsible person issued a work book not according to the rules, then he will have to answer for its loss, and not the employee of the organization who received the strict reporting form in hand.

If a citizen himself has lost his work permit, then the costs and worries of restoring it will fall entirely on him. But there is no need to be upset here either. To the question, is it possible to restore my work book if I lost it myself, the answer is yes.

The recovery procedure for each case will be considered separately.