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Published: 05/22/2020
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If an old work book is lost or if it is impossible to use it further, a citizen has the right to receive a duplicate document. The procedure for obtaining a duplicate must be carried out in strict accordance with the law.
- What is a duplicate
- Purpose
- How to issue a duplicate
- Filling rules
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Normative base
The main legislative acts regulating the procedure for issuing a duplicate document on the activities and length of service of an employee are:
- Article 65 of the Labor Code of the Russian Federation
- Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225;
- Instructions for filling out work books, approved. Resolution of the Ministry of Labor of the Russian Federation dated 10.10.03 No. 69;
- The procedure for establishing length of service in case of loss of documents as a result of emergency situations, approved by Resolution of the Ministry of Labor of the Russian Federation dated June 24, 1994 No. 50.
IMPORTANT!
A duplicate is not issued to an employee who reported the loss or loss of a document during employment. It is issued by the employer at the last place of work.
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Registration procedure
The registration of a duplicate work book takes place in the personnel service of the organization where the employee is registered on the date of filing the relevant application. The general procedure for creating a duplicate work book is as follows:
- an employee whose work record book must be restored writes an application to the personnel department or an equivalent service in his organization about the need to issue him a duplicate work record book . You will have to write this statement in any case, regardless of the reason for which you have to restore this document. This is due to the fact that it is on the basis of this document that the further construction of all the work of employees of the personnel department of the organization takes place;
- Based on the submitted application, the personnel department employee sends a request to the Pension Fund of the Russian Federation, as well as to the Social Insurance Fund, to the Federal Tax Inspectorate in order to obtain information about all official places of work of the applicant , as well as about the total length of service received (in that case , if the employee was unable to provide copies or originals of officially concluded employment contracts);
- Based on the information received, information is generated about the employee’s total length of service, as well as the date from which the employee’s length of service is calculated . In addition, this document will also include information about the employee’s education, as well as the profession assigned to him. And to facilitate the identification of such an employee, information about the employee’s date of birth is added;
- the generated information about the employee’s total length of service is entered into a new work book form, filled out in accordance with the requirements specified in the Instructions for filling out work books . It is not allowed to make notes that this document is a duplicate, since, otherwise, the work book will not be considered valid. The only difference in filling it out will be that on the first spread of this document in Section 3, the first entry will be an indication of the employee’s total length of service, which he formed before joining the new organization.
The total period during which the work book is restored in the form of issuing a duplicate is, as a rule, one working week (that is, at least five working days).
The reason for such a long period is that the personnel department needs to receive answers to all sent out requests about the employee’s official work experience. The waiting period for a duplicate work record book cannot exceed fifteen days from the date of filing an application for document restoration.
What to do if information about your work experience is lost due to the fault of the employer?
The reason for the loss of the book can be the employer (in the event of an accident at work, fire, or other emergencies). In this case, he should make every effort to restore the papers. For this purpose, a special commission is created that collects information and reissues forms. An act is drawn up, on the basis of which new documents are drawn up and issued to replace the lost ones.
Please note: if the form is damaged or lost through no fault of the employee, the cost cannot be recovered from him. The employer will have to pay, as in the case if the document is declared invalid due to errors.
Cases of issuing a duplicate work book
The Instructions for filling out work books contain an indication of those cases when a duplicate of this document can be issued. This list, on the one hand, is exhaustive, but on the other hand, it can be expanded on an individual basis in the event of any additional circumstances. The main cases of issuing a duplicate work book include:
- loss of a document by an employee or employer , including due to the negligence of the employee or the responsible official of the employer;
- intentional or unintentional destruction of this document (for example, in the event of a fire or flood, or in order to hide negative aspects of an employee’s work history);
- damage to a document due to the fault of an employee or employer , including if the data entered into it turned out to be incorrect in its content, for example, regarding the reason for the employee’s dismissal from his place of work (in accordance with the order to terminate the employment contract, the dismissal of the employee occurs at his own request, and in the labor contract The book is marked with a note indicating dismissal at the employee’s initiative due to violation of labor discipline in the organization).
In some cases, a duplicate work book is issued due to the complete completion of all pages in it about the employee’s places of work, as well as due to the need to update it.
For example, if the actual condition of the work book makes it difficult to use due to severe wear, or personal data is not readable.
If the employee has an electronic work record book
In 2020, working citizens decide whether to save the length of service document on paper or convert it into electronic format. If a person keeps a work record on paper, it is still kept and maintained by the employer. If a citizen transfers information about his work experience into an online form, the document is returned to him with a note indicating his refusal to continue maintaining it on paper. It is possible that after handing over the book to the employee, he will lose it. In this case, the employer will have to issue a duplicate according to the general rules - within fifteen days on the basis of existing documents and certificates from archives or from previous places of work.
Read more: How to maintain electronic work books from 2020: rules for employers
As for the loss of the statement that is given to the employee upon dismissal (form STD-R), its duplicate is drawn up either by the employer or the Pension Fund of Russia. But it contains information related to work only in a specific organization.
Read more: New form STD-R: information about the employee’s work activity
How to fill out a duplicate
It is very important to follow all the rules on how to fill out a duplicate work book. Let us remind you: this is a document of strict accountability, and errors can nullify all the efforts and time spent: the same work will have to be done “for an encore”, drawing up the next duplicate.
The first rule: at the top of the title page of the duplicate there must be the inscription “Duplicate”.
Second: do not forget about possible changes in the personal data of the work record holder. For example, over the past time a person could have received a higher education or simply changed his last name. This must be taken into account when entering personal data.
Third: what was mentioned above. It does not matter whose fault the document was lost. In any case, entering data into a duplicate is possible not from the words of the “victim,” but solely on the basis of those certificates and copies of documents that we have already listed above. Otherwise, the new employer will not make any records about previous places of work, and neither will the old one.
The only option, if for some reason you do not want or cannot restore previous data, is to start “from scratch,” with a new work record. However, then a lack of work experience can significantly reduce the size of your pension.
The first entry in the work section will be the value of the person’s total work experience, obtained before applying for a job with a new employer who is registering a duplicate.
Then the employer or HR department employee details this information, describing, based on the certificates received, the dates of the person’s work in various previous organizations. Links to documents that served as the basis for recording certain data must be included.
A very important point for HR officers and managers: this previous recoverable data cannot be numbered! Entry number 1 in the duplicate can only be about hiring an employee in the exact company where the duplicate is created.
Having finished filling out the document, the HR specialist (or the head of the organization) enters the date of its execution in a special book for recording the movement of such forms. The last procedure that completes the process: the employee’s signature in a special column of this accounting book. This is how he endorses the fact of receiving a duplicate.
What is a duplicate and what are its functions?
A duplicate work book is a document that is issued to an employee instead of the original. At the same time, it acts as a full-fledged replacement and records are kept in it in a standard manner. The only difference from the most ordinary labor document is the presence of a note stating that the duplicate is a continuation of the original document.
The main task of the duplicate is to replace the original document so that the employee does not lose basic information about his work and length of service. At the same time, issuing a duplicate prevents changes to the old labor document.
What documents are required
Filling out a duplicate work book (a sample of which you will find below) must be carried out on the basis of existing or provided employment information.
Previous employment relationships can be confirmed by:
- certificates containing information about the reason for their issuance, that is, details of orders for admission and dismissal from the enterprise, as well as transfer from positions;
- orders (instructions), including in the form of extracts;
- personal files and cards;
- personal accounts of citizens;
- accounting documentation on wages;
- union card, etc.
In addition, it is allowed to confirm the place of work using an employment contract or other documents containing information regarding working hours.
It is necessary to take into account the fact that the administration is obliged to assist and assist the employee in every possible way in obtaining documentation that serves as confirmation of his experience from previous places of work (clause 7.2 of the Rules).
Copies are made of these documents, and the originals, after proper certification, are handed over to the owner for storage (part 7, clause 7.2 of the Instructions).
A sample of a duplicate work book can be downloaded here: Registration of a duplicate work book - sample.
The need for duplicates will disappear when electronic work books are introduced.
When and how is it issued?
Issuance of a duplicate work book is possible only in certain cases related to the inability to use the old document. Their list includes:
- Loss of labor;
- The work book is badly damaged;
- The work book was completely destroyed;
- The text of the work has become unreadable or it has generally become significantly dilapidated;
- If the labor office needed to cancel many illegal entries.
In order to obtain a duplicate, a citizen needs to submit an application at his previous place of work with a request for a copy of the work book. However, this must be done immediately. If your work record book has been stolen, you should report it to the police department.
Application form for a duplicate.doc
