Where is the certification procedure stated?
Art. 62 of the Labor Code of the Russian Federation says that the employer must give the employee documents (copies) related to work within three working days from the date of receipt of the relevant application from him. Copies must be properly certified and provided to the employee free of charge. This also applies to copies of work records (see also paragraph.
If an employer delays issuing documents or refuses to issue documents at all, he is violating labor laws. And for this art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for liability. For a primary violation it will be:
- for an official - a warning or a fine of 1000–5000 rubles;
- organizations - fine 30,000–50,000 rubles;
- Individual entrepreneur - fine 1000–5000 rubles.
https://www.youtube.com/watch?v=ytcreatorsru
If the violation is repeated, the amounts will increase:
- for an official - a fine of 10,000–20,000 rubles. or disqualification for a period of one to three years;
- organizations - fine 50,000–70,000 rubles;
- Individual entrepreneur - fine 10,000–20,000 rubles.
In 2020, the new GOST R 7.0.97-2016 is being applied, which establishes the rules for drawing up documents and a sample of how to certify a copy of a work book in 2020. The procedure for certifying a copy of a work document is quite simple.
Step 1. Make copies of all completed sheets.
Step 2. Put the entry “correct” on each one, indicate the full name of the person who made the entry and the date.
Here is an example of how to certify a work book “Currently working.”
Which organizations require the original work book?
AdvocateMasterRegistered: 04/13/2006 Messages: 2890From: Moscow Added: 5:36, Fri Nov 16, 2007 Message title: I think the employer CAN, but is not obligated to issue a work book against signature.
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To obtain a copy of the work record book, you must submit a corresponding written application to the HR department.
You must provide a reason why you need it, but your employer may not refuse to provide you with a copy, even if there is no good reason why the request was made.
Organizations where a copy of the work book is most often provided. Most often, information from the work book is used to obtain bank loans, so it is recommended to indicate exactly this reason.
To obtain a foreign passport, a copy of this document is no longer required according to the new rules. If you want to get an additional job, then it would be prudent to remain silent about it in order to avoid misunderstandings. Enterprises and organizations are ready to provide their employees with copies of the work report even without specifying the reason.
Legal forum
Copies of work-related documents must be properly certified and provided to the employee free of charge. Actually. this is all. No reasons or goals need to be specified. Moreover, the employer has no right to refuse to provide copies of documents.
#2 IP/Host: 77.108.87. Re: Issuing a copy of a work record book. Do I need to indicate the purpose of the provision? We usually, just in case, ask where the copy is needed. For example, a person asks for a pension fund, but the Pension Fund requires certification only in a certain form (1 page.
= 1 page) #3 IP/Host: 92.255.198. Registration date: 08/24/2010 Messages: 382 Re: Issuing a copy of the work book. Do I need to indicate the purpose of the provision? It seems that the PF requires the original work report and certifies copies itself. #4 IP/Host: 77.108.87.
Re: Issuing a copy of a work record book.
In what cases is an original work book required?
But a copy of the work document has legal force only if it is correctly certified. Certification of a copy of any document involves putting a certain note on it, the signature of the responsible person and a seal. But it requires proper formatting.
An incorrectly affixed seal or improper entry turns the copy into an ordinary piece of paper that has no legal force. What is the role of the document? A correctly certified copy of the work book is practically an analogue of the original document.
It can be presented at the request of any body, authority or organization.
Where do they require a copy of the work book?
Important
Important The situation is similar with persons whose work books contain records of dismissal on the so-called guilty grounds provided for in Art.
Labor Code of the Russian Federation (for systematic violations of labor discipline, absenteeism, appearing at work while drunk, committing theft at the place of work, etc.). Sample certified entry.
Many organizations require an indication of actual employment in the certification record.
What might you need a copy of your work record for? You can get work only upon dismissal. A copy of the work record book is required for submission to various authorities at the place of request. It may be needed in any situation where confirmation of work experience is required when preparing any documents.
Even for official employment, the original is required, and a copy of the book is not needed, but its presence can have a positive effect on subsequent approval for the position.
- Legal forum
- Providing the original work book
- Why do you need a copy of the work permit?
- Where is a copy of the work record required?
- We hand over the original work book
- Is it possible to hand over a work book to an employee?
Legal forum There is no need to doubt whether a work book is needed to apply for a loan: providing a copy of it to the bank when applying for a loan greatly increases the likelihood of an approving decision, because it is first of all important for any credit institution to make sure of the solvency of its clients. The second most popular organization where you need a copy of your work record is the Federal Migration Service.
Attention
Do I need to indicate the purpose of the provision? Our employees always asked for copies (and the original too) and asked that the copies be certified like this: 1 sheet of paper is photocopied on 1 A4 sheet at the top, below in the white field “Copy is correct, signature, seal, date.”
Then, as far as I know (from long-time experience working in social security), in the Pension Fund the xeroxed part is cut off and filed in the pensioner’s file, and the part with stamps is thrown away. Thus, the employer confirms the correctness of the copy and the PF does not particularly check it. #5 IP/Host: 217.26.27. Registration date: 11.03.
2011Messages: 5 Re: Issuing a copy of the work record book.
Do I need to indicate the purpose of the provision? The employee is not required to explain the reason and purpose of receiving a copy of the Labor Code. #6 IP/Host: 194.186.178. Re: Issuing a copy of a work record book.
The most common among them are:
- concluding a loan agreement with a bank;
- interview when looking for a new job;
- obtaining a passport or visa to enter a foreign country;
- registration of subsidies and benefits with social welfare authorities, etc.
Let's take a closer look at the first situation, since this is where the most questions arise. A copy of the work book for the bank When concluding a loan agreement for a large amount (in particular a mortgage loan), almost all banks, among the necessary documents, require the client to provide a copy of his work book.
Source: https://1privilege.ru/v-kakie-organizatsii-trebuyut-original-trudovoj-knizhki/
No application - no documents
Before we talk about how a copy of the work book is certified, let us remind you that the work book itself is the property of the worker. But it is temporarily kept by the employer so that he can enter into the document all the necessary information about the citizen’s professional activities.
In order to receive a work book, an extract from it or a copy, according to Article 62 of the Labor Code of the Russian Federation, a person must not only ask a personnel department employee to prepare the document, he must contact his superiors in writing. Below is a sample application for a copy. Its form is not established at the legislative level, so the appeal can be drawn up arbitrarily, but taking into account the requirements for personnel documentation (to whom and from whom it is written, the reason and grounds for the appeal, date and personal signature of the applicant).
Please note that local regulations of the company may establish another form of applying for labor. In this case, the corresponding form is issued to the employee, who fills it out according to the prescribed rules.
A very important point: the reasons for applying for a copy can be different - to obtain a loan from a bank, obtain a foreign passport, provide data on work experience to the Pension Fund, etc. But in the application, the worker is not required to answer the question why he needed it. This is not provided for by law.
Personnel officers should also remember that it is necessary to consider an employee’s request for a copy of the work book or other documents within three days. And not only to consider, but also to have time to correctly prepare the requested extracts. All of them are provided free of charge. Please note that the employer cannot refuse to provide a copy; this is contrary to the Labor Code of the Russian Federation.
Why are copies of documents needed?
Organizations, as legal entities, submit copies of documents to the founder, the tax office, executive authorities, the social insurance fund and others.
Every citizen, whether at work or in life, sometimes needs to provide copies of documents: for example
- Certificates confirming receipt of wages; to organizations involved in social security: subsidies, social payments;
- A work record book for receiving benefits, for part-time work, to a bank to obtain a loan, to the Pension Fund of the Russian Federation for calculating a pension, at the place of request.
A certified copy of the work book according to the new GOST
So what does this mean in Art. 62 of the Labor Code of the Russian Federation “copies must be properly certified”? Let's talk.
A copy is a copy of a document that completely reproduces the information in the original. And a certified copy is a copy on which, in accordance with the established procedure, details are affixed that ensure its legal significance (subclause 23, 25, clause 3.1 of GOST R 7.0.8-2013, approved by order of Rosstandart dated October 17, 2013 No. 1185-st ).
The original document is located in XXX LLC in file No. X for the XXXXX year.
Position Signature Explanation
Date, stamp
But for a copy of the work book there will be three additional nuances:
- This is a multi-page copy. Therefore, a certification must be written on each page.
- On the last page you must write “Working to date” and indicate the date the copy was issued. How to make this inscription correctly, see our example.
- The original work record book is not stored in the file, but, as a rule, in the employer’s safe, so it will not be possible to indicate the case number. This is not scary - the record of where the original is stored can be modified. For example, like this: “The original document is in the safe of the personnel department of XXX LLC.”
Let's turn to GOST R 7.0.97-2016. The main difference is that the specifics of the assurance will depend on the purpose. There are two of them: for internal circulation or for third-party organizations.
Let's consider the first option. The instructions on how to certify a work book according to the new rules for internal circulation have not changed. The copy still contains:
- "right";
- specialist data;
- date of.
If a scanned copy is needed for a third-party organization, the new rules for certifying a copy of a work book are distinguished by the presence of an additional phrase indicating the location where the original document is stored. For example, the phrase sounds like this: “The original is stored in the personnel department of MUDO DYUSSH Allure.” If we were not talking about a work book, then according to the rules it would be necessary to indicate the number of the file in which the original copy is stored.
Do not forget to affix the seal of the organization, which confirms the authenticity of the official’s signature (clause 5.24 of GOST R 7.0.97-2016).
Since from 2020 joint-stock companies and LLCs are not required to have a seal, it is not necessary to put it on a scanned copy. If there is a seal, then certain requirements are imposed on its location (according to the new GOST):
- it is necessary to certify only with the seal of the organization;
- it should not overlap the signature of the certifying person;
- should not capture the signature of the certifier;
- can enter the job title if there is not enough space;
- must be placed in a specially designated place marked MP - “Print Place” (clause 5.24 of GOST R 7.0.97-2016).
For what documents do you need an original work book?
A work book is the main document confirming the fact of a citizen’s employment. It is required not only for calculating the insurance period and subsequent receipt of a pension, but also for many other operations, because it contains all the important information about the activity:
- Periods of work in various organizations.
- Reasons for dismissal.
- Positions held by the owner of the document.
It is worth noting that the copy of the employment document itself is valid only if it is certified by the head or employee of the HR department. If it does not have the necessary signatures and seals, then the organizations that may require it will not accept it. Why do you need a copy of the work book:
- To obtain a loan or mortgage.
If the owner himself has lost this document, then all responsibilities for solving the problem are assigned to him: he will have to visit all the organizations in which he worked previously to put notes on previous places of work.
The list of why a certified copy of a work book is needed is quite extensive: when contacting a particular organization, this document may be required, and if it is not provided, employees have the right to refuse the service.
Important! If the owner of the work book is employed, then it must be kept in the personnel department, whose employees do not have the right to hand it over before the actual dismissal: only the issuance of a certified copy is possible.
Where do I need a copy of the work record? Most often, banks require you to provide a certified copy of your employment record.
A copy of the work book: what is it for, how to certify it, validity period, sample
Attention
Most often, a copy of the document in question is required in the following cases:
- when applying for a credit loan of any type from a banking institution;
- to restore a lost work book - if you have a certified copy, this procedure will take a minimum amount of time;
- for writing a resume;
- for a pension fund;
- to obtain a passport;
- for other purposes – their list is quite extensive.
Almost always, when applying to a new employer, it is necessary to provide information about previous places of employment. Previously held positions by applicants serve as confirmation of the presence of certain experience required in a particular case.
But according to the legislation in force in the Russian Federation, after concluding an employment contract, the original work book must be kept in the personnel department.
A copy of the work book: what is required and the nuances of registration
Why do you need a copy of a work book for a bank? Most often, a work book is required first of all when applying to a bank for a loan. Usually, the presence of this document is strictly required. Its absence may result in refusal to provide the service. This document is required by the bank for the following purposes:
- establishing the main source of income of the client who applied;
- determination of solvency - how high the probability of repayment of the loan will be if it is issued;
- if for some reason the client decides not to return the funds borrowed from the bank - in order to carry out the collection operation at the client’s place of work.
Also, the work book is one of the confirmations of the veracity of all data provided to the bank. But first of all, this document is necessary to determine solvency.
Why do you need a copy of the work record?
Why is the last page certified? An important stage in the formation of a correct copy of a book is the competent design of the last page. This is due to the fact that it contains a lot of important information.
Important
This includes information about where the citizen currently works. The person's full name is indicated here, as well as the date of certification and the company seal.
This page must contain the phrase “Copy is correct.” A sample copy of the work book can be viewed below.
The correctness of the certification determines whether a citizen will be able to use the documentation to receive various government services, draw up important documents, or obtain a loan. If there are violations, acceptance may be refused.
Issuance of a work book to an employee who continues to work
Lenders require a document made before directly applying for a loan, as they want to be sure that the copy contains truly up-to-date information. Peculiarities of contacting a notary If a person needs a copy of a work record book, and at the same time he is unemployed, then he will have to seek the services of a notary.
To do this, it is important to provide the specialist with a passport, original work book and other documents if necessary. Certification of such a document is considered a simple and quick process, but you will have to pay the notary a fairly significant amount of money for the services.
A correctly certified document is valid indefinitely, and therefore loses legal force only after any changes are made to the original.
Issuance of the original work book in the hands of the employee for registration of a pension
How to certify a copy of a work record book? For this, the following nuances are taken into account:
- Initially, all pages of the original must be photographed, for which standard copying equipment is used, but the presence of unreadable text is not allowed;
- It is not allowed to make copies on two sides of one sheet;
- The accuracy of the information contained on each page is confirmed by the seal and signature of the manager or responsible person;
- there are no requirements for the form of the seal, so any company stamp or office seal can be used;
- the document is issued free of charge, so the employer does not have the right to demand that the employee pay any remuneration;
- documentation is created solely on the basis of a written application previously received from the employee.
It is very important to know how to certify a copy of a work record book.
Where is a copy of the work record required?
The situation is similar with persons whose work books contain records of dismissal on the so-called guilty grounds provided for in Art. 81 of the Labor Code of the Russian Federation (for systematic violations of labor discipline, absenteeism, showing up at work while drunk, committing theft at the place of work, etc.).
Such clients are often denied a loan, and the reasons may not be explained. How to obtain a copy of a work book for a bank? Each bank has its own rules regarding the documents presented. Preliminary study of them will allow the client to minimize the risk of non-issuance of a loan.
Therefore, the future borrower first of all needs to know what requirements the chosen bank has for a copy of the work record book. They can be found at the bank’s office or on its website on the Internet.
What are the requirements? In order for the copy to have legal force and be accepted by various government authorities, the management of the company where the citizen works must understand the rules for the execution and certification of this document. Therefore, the following requirements are taken into account:
- It will not be possible to do it yourself, since the original is in the personnel department, so it is the employees of this department who are involved in this process;
- to obtain a document, you need to correctly write an application for a copy of the work book, drawn up in the name of the head of the company, and it will certainly indicate the reason for preparing the paper;
- for it to be valid, it must be endorsed by the head of the enterprise.
If a copy is simply made, it will not have legal force, and therefore the documentation will be refused acceptance.
Therefore, all other cases of issuing it to an employee not provided for by law are a violation for which the employer can be punished by supervisory and control authorities in the labor sphere. In a situation where a citizen needs to provide information about his work activity somewhere, a copy of the work book will help out.
The employee has the right to apply for its issuance to the employer by submitting a written application to this effect, and he is obliged to issue a duly certified copy free of charge within three days from the date of application (Article 62 of the Labor Code of the Russian Federation). This copy is often a simple photocopy or scanned image (in electronic form) of each sheet of the work book, including the insert (if any).
If the submitted documents confirm that the employee was transferred to another permanent job in the same organization (with the same employer), then a corresponding entry is also made about this.
Then, in column 2 the date of dismissal (termination of the employment contract) is indicated, and in column 3 - the reason (ground) for dismissal, if the document submitted by the employee contains such data.
In the event that the documents do not fully contain the above information about work in the past, only the information available in the documents is entered into the duplicate work book.
Column 4 indicates the name, date and number of the document on the basis of which the corresponding entries in the duplicate were made. The original documents confirming work experience, after making copies of them and duly certified by the employer or personnel service, are returned to their owner.
Source: https://advokat-na-donu.ru/dlya-oformleniya-kakih-dokumentov-nuzhen-original-trudovoj-knizhki/
Ways to certify a copy of a work record book
There are two options for making a sample certification of a work book from 2020:
- at the employer;
- at the notary.
Those who work apply to the HR department, where the original is kept. An accountant also has the right to issue a photocopy if his area of responsibility is maintaining personnel document flow. This often happens in small organizations where there is no HR department. A scan of the work book will be issued within three days after submitting the application. They have no right to refuse.
If a person is temporarily unemployed, then he should contact a notary. You will need to present your passport and the work book itself. The notary himself will photocopy the necessary pages, affix stamps and signatures on them.
In what cases is an original work book required?
- length of service (total, continuous at the current place of work);
- confirm official employment and the presence of a permanent source of income.
- place of work;
- level of solvency and creditworthiness;
If a personnel specialist does not know how to prepare a copy of a book for a bank, he needs to study the general requirements for such a document, which are no different from the standard conditions.
Issuing a work book to an employee
Like all other personal documents, the employee’s book has its own requirements for the form of maintaining, filling out and storing.
Throughout the life of the citizen, it is stored in the personnel department of the enterprise or organization. A work book can only be issued to an employee in exceptional cases.
All these cases will be discussed in this article.
The Labor Code of the Russian Federation regulates the basic rights and obligations of all subjects of legal relations. It also contains the most important provisions on the issues of maintaining, storing and issuing labor records.
Including upon dismissal of one’s own free will, by agreement of the parties, etc.
According to Article 62 of the Labor Code of Russia, upon a written application from a citizen regarding documents related to work, the employer, within 3 days after receipt of the written request, issues and duly (stamp, signature, date) certified copies or originals of documents:
Such documents will be especially relevant if the employee intends to go to court to protect his rights. After all, they will become evidence in a civil case, which will minimize the time spent on their collection.
issued to an employee upon termination of work due to retirement. This is a general case, as with dismissal.
However, it often happens that a citizen applies for an old-age pension, but does not yet intend to quit his job.
Exceptional cases of issuing a work book
Sometimes there are cases when, on the day of dismissal, an employee is absent from work for good reasons or does not want to receive a work book. Then the employer sends a notification to the employee by registered mail, inviting him to appear for it or to give written consent to send it by mail.
In such a situation, the employer declines responsibility for failure to provide the dismissed employee with notice from the date of sending the notice.
Thus, cases when a work book is issued to an employee are related to the preparation of an application to the employer and are regulated by the Code of the Russian Federation.
How long does a copy last?
At the legislative level, it is not stated anywhere during what period it is possible to present a copy of the work record book certified by the employer or a notary. But credit institutions, Pension Funds and other organizations may have certain requirements. Typically, the “expiration date” of the document is no more than 30 days. When applying for large sums, they may require a copy prepared within 3–14 days.
Please note that if a new entry appears in the work book, then the copied copy made earlier is no longer considered valid. It needs to be redone.
As a rule, a work book certified by the employer is valid for one month. If the copy is notarized, then it is valid indefinitely. This rule and example of how to certify a work book in a new way are relevant in 2020.
Keep in mind that if any entries or changes have been made to the original, then any duplicate, including a notarized one, automatically becomes invalid, regardless of when it was certified.
Where is the employee's work record book kept?
Responsibility for storing work records lies with the employer (according to Decree of the Government of the Russian Federation of April 16, 2003 No. 225).
According to the regulations, the work book, forms and inserts must be stored in metal cabinets and safes. Thus, the employer must guarantee the safety of these documents from damage and theft.
Where else can you get a certified copy of a work book?
Until now, we have considered the situation when a person works, and his work book is kept by the employer - in the personnel department or accounting department, if it deals with personnel documentation. But if a citizen is unemployed, he has a work book in his hands, and he needs a certified copy, he must contact a notary.
The notary copies the necessary pages (usually only completed sheets), stamps them, dates them, and signs them.
But keep in mind that a notary can only make copies of the original work book. If the employee makes copies in advance and brings them, the papers will not be accepted. Because the lawyer checks all the records before copying and only then can certify the work book. By the way, if a notary finds errors or inaccuracies in the records, he will suggest that the person first correct them with the employer, and then make a certified copy.
https://www.youtube.com/watch?v=ytdevru
Notary services are always paid. It is better to check the cost at a specific notary office.
Errors when preparing documents
The following errors are common:
- The organization's seal captures the text or signature of the employee who certified the copy (and it becomes difficult to read what is written in the copy) or is not in the place where it should be (fields marked by MP). The seal impression must be located according to the rules.
- Corrections when writing wording are not allowed. A document executed incorrectly will simply not be accepted from an employee, as it will be considered invalid. If a mistake was made, you need to copy the necessary pages again and certify them properly.
Design of the last sheet
A photocopy of the last page of the document is certified in a special way. On it, in addition to the inscription “Copy is correct,” the phrase “Currently working”, the record number, the position of the specialist, as well as the signature, surname of the official and the date of certification of the copy must be indicated in writing.
IMPORTANT! The organization's seal must be present. The seal imprint cannot be placed on a blank part of the page; it must affect part of the text and signature. Otherwise, the copy of the document will be considered invalid.
Validity
The document has legal force for one month from the moment it is certified and issued. It will be valid for the provision of banking services. Further, the legal force is lost, but its validity period for the bank can be either increased or decreased.
https://youtu.be/8vb8KrS42Ik
To do this, the personnel officer writes down a specific date, from what date and until what date this document will be valid. These entries must be completed on the last page of the photocopied book.
The relevance of the current period is lost when a new note appears in the book, for example, about the layoff of an employee.
Requirements for the procedure
The copy must be executed correctly, otherwise it will not have legal force. Primary requirements:
- A copy of the document can be provided either by photocopying or by text typed on a computer. In this case, a copy should be made only from the original sample document.
- The first step is to make a copy of the title page with the employee’s initials. Blank sheets do not need to be photocopied.
- Each page must have a special mark “Copy is correct,” which is done manually or using a stamp.
- Under this inscription there must be the signature and surname of the employee certifying the document with a description of his position. The date of certification and the official seal of the organization are also affixed.
- The prepared sheets must be stapled or sewn with thread.
It is also possible to certify not every page of the document. In this situation, all sheets are stitched and numbered. On the last page the entry “Stitched, numbered and number of pages” is indicated. Then a stamp and a certification mark are placed.