When you might need it
The employer keeps the work book itself (i.e. the original) for the entire duration of the employment contract - i.e. until the day the employee is dismissed. At the same time, the legislation does not directly make it possible to hand over the original, however, in some cases such a procedure is possible (more details in the corresponding section).
It will be needed when you need to prove your total length of service, professional experience, length of stay at a given place of work, and also confirm the fact that the employee is indeed officially employed and is still working. This is usually required in the following cases:
- Applying for a loan for a small amount (usually 10 million rubles).
- Part-time employment.
- Contacting the embassy.
- Registration of benefits, including old age pension.
- In rare cases, it may come in handy if you need to restore some lost document.
general information
Surely many have lost or heard from friends about the loss of a passport of a citizen of our country. Of course, the situation is not pleasant, but you must admit that the passport can be restored since all the information contained in it is stored in the FMS office.
The issue of restoring work records is different. If you have lost your work book, how can you get a new one and what entries should you make? How to correctly fill out a new work book if the old one is lost?
Often, information from the employment form is not contained anywhere except on the employment form itself.
This means that if it is lost, it is almost impossible to properly restore all the information contained in them. As sad as it may be, such situations happen quite often.
Some people lose their work documents on their own, while others lose them in the organization’s archives.
One way or another, if such a situation occurs, a new work book is urgently needed to replace the lost one.
The question also often arises: if the work book has expired, how to start a new one? We will try to answer these questions in our article. So, how to properly issue a new work book?
How to get a copy of the work book
In general, the procedure looks like this:
- The employee goes to the personnel department or accounting department (if the accountant performs the duties of a personnel officer) and writes an application, the form and sample of which are available among other internal documentation of the company.
- An authorized employee (in most cases, a personnel officer) accepts this application and marks the acceptance of the application for work.
- It is then issued directly to the applicant. The waiting period is 3 working days. Moreover, this period begins to count from the working day that follows the day the application is accepted. For example, if an employee wrote a statement on Friday, the deadline will start on Monday. And if Monday falls on a holiday, the deadline will begin on Tuesday.
- On the appointed day, the employee receives a copy, checks that it is certified (if necessary) and signs the HR officer about the fact of acceptance. It can be issued not only by an accountant or personnel officer, but also by a representative of the administration (as well as accept an application for issue).
Application Form
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
The document can be written on a standard blank A4 sheet, either by hand or on a computer. The main condition: the presence of the applicant’s original signature.
This is important to know: Regulations on electronic work books: sample 2020
The application must be completed in two copies ,
- one of which the applicant must register either with the personnel department or with the secretary of the organization and keep with him,
- give the second to the employer's representative.
Order to issue a duplicate work book. Actions of the employer to fill out a copy (duplicate)
How to create a new work book? If you have lost your work book, then, of course, the question arises: how to get a duplicate work book after its loss?
Unfortunately, only citizens who have a work book have the right to carry out official labor activities in our country.
Therefore, you need to receive, but not a work book, but a duplicate of it.
It often happens that a work book becomes an object of loss, but according to the law, an employee can only have one work document. This means that the employee receives not a work book, but a duplicate of it.
The legislator allows you to receive a duplicate work book if it is lost, but warns that it should also be issued by the employer, not the employee. Therefore, the preparation of a new work book (we provide a sample below) lies on the shoulders of the employees of the enterprise’s HR department.
How to fill out a duplicate work book? The rules for filling out a duplicate work book are stated in section 7. Resolution of the Ministry of Labor of the Russian Federation “On approval of the Instructions for filling out work books” No. 69 of October 10, 2003.
Let's take a closer look at how to correctly issue a duplicate work book.
How is it processed?
So, how to make a duplicate of a work book?
Registration of a duplicate occurs in the same way as a labor document.
The employee's initials are placed, the organization's seal is affixed, and all the necessary information is written down.
If possible, try to restore all the records that were in the work record.
The duplicate itself is made
on work book forms
.
This is established by law and so far GOSZnak has not come up with an alternative to such documents when issuing their duplicates.
If possible, all entries in the work book should be restored. To do this, you need to contact all former employers. Otherwise, if restoration is impossible, do not even think about writing notes about your past work.
A duplicate work book must be prepared with the same care as a work book. To be precise, all the rules characteristic of filling out a work report, that is, accuracy, literacy and consistency, are also characteristic of filling out a duplicate.
However, the duplicate must be signed as a duplicate so that no one is confused by thinking that it is the original. On the title page, the HR department employee writes the word “Duplicate” in large letters.
Entry into a duplicate work book must be done accordingly, but in practice there are different ways of writing such a phrase. You can put the word duplicate and indicate the date it was issued, or you can write the phrase “a duplicate was issued on such and such a date” and this will also be considered a correct entry.
Is it possible to create a new work book if the old one has expired? In this case, the HR department employee inserts new forms into the old work book on which entries continue to be made.
If it is not possible to insert the form into the work book, then you need to replace the work book. To do this, all data from the title page and all data from the work form are transferred to the new document.
If it is not possible to restore all records, make photocopies of them.
They will be needed when applying to the pension fund.
If the work book has been completed, then the phrase “the work book has been issued to replace the lost one” is written in the new work book and the corresponding date is indicated. The HR employee also records.
Rules for drawing up an application
To issue a photocopy that has legal significance, you need to write a special application addressed to the head of the company.
There is no special form for such documents approved by law; they can be filled out in free form. However, it is recommended to include the main points in the application. The application must contain:
If desired, the person can indicate the reason for the request. But this does not apply to mandatory items.
It is recommended to fill out the document on a regular blank sheet of A4 size paper. You can write it:
The main thing is that the document contains the original signature of the owner of the document.
It is recommended to issue two pieces of paper:
The HR specialist will put a mark on the employee’s copy indicating acceptance of the document. If the photocopy is not provided to the owner within the prescribed period, you can file a complaint against the employer.
Now all copies are made on special devices - a photocopier. It is worth knowing that each duplicate sheet must be numbered. All document information must be readable and contain the employer’s seal, as well as the visa of the person who certified the paper. On the last sheet there must be a note stating that the person is currently working in the company. This is how the authenticity of a photocopy is verified. Otherwise, it will not have legal significance and he will simply not be accepted by the necessary authority. After all, anyone can make an ordinary copy; this will not be evidence of the actual presence of a place of work in a given period of time.
What entry will be in the work book upon dismissal? Read more in our material.
How much does labor cost, is it possible to buy it and what could it cost? Read here.
In this article we will look at how to fill out a work report correctly so that there are no mistakes.
How does certification take place?
The employee must immediately clearly understand what exactly he wants to receive - a simple copy or a certified one: in accordance with this, he reflects his request in the application for issue. If we are talking about a certified document, this means that certification occurs when there are several marks on each page at the same time:
- signature of an authorized employee (usually a director);
- his surname and initials;
- his position (full name);
- visa “copy is correct”;
- blue company seal.
On the very last page you should make a note stating that the employee is still on the company’s staff to this day. The exact number of all copied pages is also indicated. The calculation is made not on paper sheets, but precisely on the pages of the work itself, which were copied.
Typically, the copy consists of several pages, so it will be better if they are stapled and numbered. It is also better to put a stamp on the firmware.
Sample application
Based on office work, this document has a normal structure. It is better to write the application on a regular sheet of standard format.
To the Director of Dolinskie Sausages LLC
From worker O.L. Kuligin
In connection with the loan application, I ask you to provide a photocopy of my work record book (Article No. 62 of the Labor Code).
December 01, 2020 signature Kuligin O.L.
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Here is an approximate sample document, it can be changed. But, it is not recommended to remove important points from the structure. This is the view that is easy to read. When writing an application, you must ensure that the letter is correct. Only a well-written document has legal consequences. If the employer does not provide a photocopy on time, the employee can, with his copy of the application, which bears an acceptance mark, file a complaint with the prosecutor’s office.
A copy of the work book is considered to be a photocopy of all pages of the document. They must be correctly certified and numbered. To obtain a duplicate, it is recommended to write a corresponding application to the employer. The legislation does not establish a specific form for this document, but it must contain mandatory clauses. You can receive the paper within three days from the date of contacting the employer.
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Order to issue a duplicate work book. Actions of the employer to fill out a copy (duplicate)
The work book (hereinafter referred to as the LC) is the main document confirming the employee’s work experience (Article 66 of the Labor Code of the Russian Federation). Like any document on paper, it can be lost or rendered unusable, which makes it impossible to maintain and use it further.
The Government of the Russian Federation (clauses 31–33 of the Decree “On Work Books” dated April 16, 2003 No. 225, hereinafter referred to as Resolution No. 225) provides for the employee’s right to receive a copy of it, equal in legal force to the original (duplicate), in such cases as :
- loss of technical equipment by an employee (if he had it, for example, during the period between employment with different employers) or through the fault of the employer;
- massive loss of technical equipment at an enterprise in the event of a fire, accident and other natural disasters;
- damage to the TC form (stained, torn, etc.);
- invalidation of any entry (for example, dismissal or transfer).
The massive loss of labor documentation at an enterprise due to emergency circumstances, fire, accident and other natural events, due to the exceptionality of the situation, does not require applications for a duplicate work book from employees.
In such cases, duplicates are issued to all employees at the initiative of the employer.
A special commission must be created, which includes representatives of the employer, trade unions, and other interested organizations (clause 34 of Resolution No. 225). This commission is engaged in establishing and confirming the work experience of employees, including requesting and receiving all the necessary supporting documents from the employees’ previous places of work, and also collects and analyzes orders, contracts, statements preserved at the enterprise, interviews witnesses, etc.
In the most difficult cases, work experience is proven in court. Based on the act, which is issued by the commission based on the results of such work, the employer draws up a duplicate of the Labor Code.
As you can see, the process of restoring a lost TC is quite labor-intensive. The gradual transition to electronic work books planned by the Government of the Russian Federation from 2020 will completely solve the problem of preserving employee data on work experience.
Let's try to figure out in what cases it is issued and where to get a duplicate work book.
If lost
If a work book is lost, can they issue a new one? The loss of a work book is of course a sad event. Filling out a duplicate work book if it is lost is complicated by the fact that you do not even see a piece of the old work book in front of you, which means you cannot restore at least partially all your records.
One way or another, since if a work book is lost, a duplicate is issued, when applying for a job, strongly demand that each employer take photocopies of it, and only then send all the documents together in a personal file.
In case of damage
If the work book is damaged, it does not matter how this happened, if the records are unreadable, then the employee should also think about getting a duplicate.
A damaged work book is tantamount to being lost, because the information from it also becomes inaccessible to people.
If for some reason work books were lost and not through the fault of the employee, but through the fault of the direct employer, this is a sign that the responsibility for their restoration falls on the shoulders of the employer. The loss of books can occur both through the fault of the employer and through the fault of circumstances beyond his control.
If your work book has expired, what should you do and how to start a new one? In this case, there is no need to create a duplicate.
If there is no space in the work book, just ask the HR department to insert an extra form and write the following entries on it.
Other cases
If entries about the employee were incorrectly entered into the work book, and entries that are not related to the work book appear in it, the work book is replaced.
It should be replaced with a duplicate. The same applies to damage to the labor document in the form of incorrect stamping. A duplicate work book is issued at the last place of work.
The issuance of a duplicate work book in case of loss occurs on the basis of an application.
You will find a sample application for restoration of a work record in our article.
An application for a duplicate work book 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.
Sample application for a copy of the work book
______________________________ (full name, position of manager and name of employer) From ____________________________ (full name, position, address)
Please provide me with the necessary documents related to my work, namely (select the necessary documents from the list provided or indicate your own):
- a copy of the employment order _________ (if known, indicate the date and number);
- a copy of the dismissal order _________ (if known, indicate the date and number);
- a copy of the transfer order _________ (if known, indicate the date and number);
- a copy of the employment contract _________ (if known, indicate the date and number);
- certificate of wages for the period from ___ to ___ (indicate the period for which wage information is required);
- a certificate of the components of wages for the period from ___ to ___ (indicate the period for which information on wages is required);
- certificate in form 2-NDFL “Certificate of income of an individual” for the period from ___ to ___;
- characteristic in my name, indicating the required information _________ (list the information that must be indicated in the characteristic);
- a certificate of accrued and paid insurance contributions for compulsory pension insurance for the period from ___ to ___;
- extract from the work book.
In accordance with Article 62 of the Labor Code of the Russian Federation, upon a written application from an employee, the employer is obliged, no later than three working days from the date of filing this application, to provide the employee with copies of work-related documents. Copies of work-related documents must be properly certified and provided to the employee free of charge.
Date of application “___”_________ ____ Signature _______
An application for a copy of a work permit must contain the following information:
- Full name of the director;
- Full name and job title of the employee;
- A request to complete and issue the required copy;
- The reason why a person needs a copy of his employment record. You don’t have to specify it; the enterprise administration does not have the right to refuse an employee in any case;
- Date of application;
- Employee signature
The sample will be sent by PM
Such a model is not approved by law. However, in practice they adhere to a simple form, an example of which is given below.
How to get a duplicate?
Obtaining the required number of copies of a work record book is quite simple. You should make this request directly to your manager, or to authorized persons of the company - an employee of the personnel department, secretary or chief accountant. To do this, you must adhere to the following instructions:
- Draw up an application and submit it to the head of the company;
- Receive an order to issue a copy;
- Write the phrase “Duplicate” in the upper right corner of the title page;
- Indicate the date of issue of the copy;
- Certify with the signatures of the owner and an authorized employee of the personnel department.
A copy of the form must be given to the employee no later than 3 days from the date of submission of the application. It must be certified by records such as “Copy is true.” In addition, it must be certified with the official seal of the organization. Such a stamp must be on the signature and also affect part of the text. In addition, on the last page of the duplicate you must make the entry “working to date.” This is necessary in order to confirm the fact of work in this organization. Please note that a certified copy of the work document has a strictly limited validity period. So, you can dispose of its duplicate only within a month after the document is issued.
Sometimes an employee is required to provide only certain information from the work book, for example, data relating to a certain period of service. In this case, it makes more sense to make an extract from the document, that is, make photocopies of the title page and the one that the owner needs in a particular situation.
Validity
Valid for a limited time:
- if it is certified by the employer - no more than a month from the date of issue;
- if notarized - theoretically for an indefinite period.
In practice, many organizations can set their own expiration dates, and they have every right to do so. Particularly strict requirements are imposed by banks if an application for a very large loan (10 million rubles or more) is being considered. For example, the period can be reduced to 2 weeks. Of course, if an application for issuance was first submitted, and then the employee received a work book in his hands due to dismissal, the copy will no longer be valid.
Providing a duplicate
You are always required to contact your employer for a photocopy of your work record book. This is where this document is stored throughout the entire period of work at the enterprise. The following have the right to issue a duplicate:
The specific person responsible for this procedure depends on the size of the enterprise. To receive a photocopy, an employee must follow the following sequence:
According to the law, the employee’s request is considered no more than three days. Of course, a person can specify a shorter period, but the preparation of the paper will depend on the efficiency of the specialist. When a photocopy is urgently needed for compelling reasons, you can attach supporting documentation to the application.
The employee must receive a correctly compiled and certified photocopy no later than 3 days later.
Important! The work book is considered the property of the owner. If an enterprise refuses to issue an extract or a duplicate, this is equated to a serious violation, which is a valid reason for contacting the prosecutor's office.
If a person is not employed, he will not need copies at all; it is enough to show the original document. After all, in this case he will be in his arms. In exceptional cases, the paper can be certified by a notary. But this procedure will require some costs.
Features of provision
According to current legislation, the employee has the full right to receive, while:
- Quantity is not limited.
- The service is provided free of charge – i.e. the employer does not have the right to charge any fees, including for paper and the use of office equipment, even if the employee needs many copies.
- An employee can request both copies of individual pages and copies of the entire work.
- The employee has the right to certify all pages (or selectively) for free. That is, the employer puts a stamp and signature also at his own expense.
- The employer also does not have the right to refuse to provide it. Moreover, there are restrictions on issuance within a month, year, etc. No.
Does the employer have the right to refuse to issue a copy?
If an employee requires any information from the work record, issued in the form of an extract or copy, the employer does not have the right to refuse this request.
According to the law, a work book is the property of the employee, which is kept by the employer for the period of validity of the employment contract. If you do not issue an extract or a copy, this will become a violation of the employee’s rights, upon which he has the right to complain to the labor inspectorate, which, in turn, will issue an order to eliminate the violation and subject the employer to administrative punishment.
Delivery of the original
The original is issued in exceptional cases and only against a written receipt. As a rule, such a need arises in the following situations:
- registration of certain social benefits;
- registration of an old-age pension (when an employee wishes to continue his official work activity);
- obtaining a foreign passport, as well as a visa to visit certain countries for work purposes;
- when applying for a bank loan for a large amount (several million or tens of millions of rubles).
The procedure for writing an application, as well as the period for issuing the book in this case, is approximately the same. The employee indicates his request, and within 3 working days, by agreement with the employer, the document is issued. However, there are several significant differences:
- The employee must indicate the reason that prompted him to request the original document.
- If possible, the employee attaches originals or copies of documents that prove the objective need to issue the original.
- The employee must indicate the maximum period for returning the book.
- Finally, the employee must draw up a written receipt, which reflects the fact that the document was issued, as well as the obligation to return it strictly before the deadline. The document is drawn up in 2 copies, and when the book is returned to the employer, both receipts are destroyed.
Thus, in the case of an application for issuance, it is written in accordance with the sample approved by the company. It is important to check that all marks are on the document, especially in cases when it comes to submitting it to the bank.
According to the letter of the law, the original work book is kept by the employer at the employee’s main place of employment. This document can be kept by the employee only in two cases:
- When the employee is not employed anywhere;
- When the employee was given the original work book against receipt for presentation to government agencies, most often to the Pension Fund.
In the second case, the employee is obliged to return the document back to the company’s HR department as soon as it is no longer needed.
But at the same time, there are many cases when a person must provide information about his work experience and work to one or another authority; in most cases, a properly executed copy of the work book is sufficient.
Cases when it may be necessary to obtain a copy:
- Obtaining borrowed funds from a bank;
- Registration of a guarantee;
- Obtaining benefits from social protection authorities;
- Receiving various subsidies, including for utilities.
This list is not complete and copies of the experience document may be required in a variety of situations.
In general, the work book is returned to the employee on the day of his dismissal (Part 4 of Article 84.1 of the Labor Code of the Russian Federation).
Another case when an employee has the right to receive the original work book is when the employee needed the work book for the purpose of his compulsory social insurance (security) (Article 62 of the Labor Code of the Russian Federation).
In other cases, when an employee needs a work book, the employer must issue a certified copy or an extract from the work book. This must be done within 3 working days from the date of receipt of the relevant written application from the employee.
The employer does not have the right to issue the original work book instead of a copy at his own request or at the request of the employee.
An application for an original work book is drawn up in any form. It is addressed to the head of the organization, contains the full name, position of the employee, his request to issue a work book, as well as the reason why the work book is being requested.
We will provide a sample form for an employee’s application for the issuance of a work book.
If you want a copy of the work report, write a statement
In order to receive a copy of the work book, the employee must submit a corresponding application addressed to the head of the organization. The fact is that during the validity of the employment contract, the work book is stored at the enterprise and is not given to the employee.
If the organization is small, then, of course, you can get by with an oral request. However, if the company is large, then a written application for a copy of the work book is required.
There is no mandatory form for such an application, so it can be drawn up in any form. In practice, it happens that an organization has developed a special form for such requests. If there is no such approved form, then the main thing is that the application must indicate the following:
As a result, a sample application for a copy of a work permit may look something like this:
General Director of Omega-Plus LLC I.I. Ivanov
from accountant M.I. Petrova
Please provide me with a certified copy of your work record.
01/22/2018 Petrova / M.I. Petrova/
Also from our website you can download a sample application for free via a direct link and, if necessary, edit it “to suit yourself”.
