Definition
A work book is a personal document confirming information about a citizen’s official employment and work experience.
All information about this document is set out in Art. 66 Labor Code. The employment form must reflect the following information about the employee:
- Personal data.
- Data about the work performed.
- Information about transfers, awards and dismissals.
- Names of documents to which all actions refer.
When a duplicate of a work book is issued, it must correspond to the original and contain all the information that was indicated in the original copy.
An exception may be cases when the document contains incorrect data or the record cannot be restored.
In what case is “duplicate” written on a work record?
Regardless of the reason for which a duplicate is issued, this entry is always made. It must be remembered that although the Rules do not indicate the purpose of returning the book, it still remains a confirming document of the work experience of its owner. Any discrepancy between the entries in the first book and in the duplicate is a reason to doubt the legality of both until they can prove which of them is drawn up correctly. Therefore, HR department employees must carefully enter all information from one book into another.
As many years of practice have shown, correcting entries in the work book is extremely undesirable, especially when it comes to filling out a duplicate of it. Moreover, the duplicate must fully correspond to the first book, even in minor spelling errors and corrections. Most often, they are allowed due to ignorance of the norms provided for by law or the Rules of Practice (how it is necessary to abbreviate long names of organizations, positions, in which cases abbreviations are not permissible, etc.).
The personnel officer of the enterprise in which a duplicate work book is issued has the right to correct an inaccuracy in the entry made in the original document by another employer. This is provided for in paragraph 27 of the Rules. Among the errors that this HR employee can correct may be references to any article of the Labor Code (a typo in the title or its absence), as well as missing or unnecessary abbreviations. The correction is carried out by declaring the entry invalid and replacing it with the correct wording when preparing a duplicate work book.
Issuance of a duplicate booklet subject to renaming of the enterprise
The instructions for filling out the books include clause 7.1, according to which after the employer indicates information about the employee on the title page of the document, he must sign it and then put the company seal. But there are cases when the organization in which a person last worked changed its name and at the same time its seal. Moreover, every minor change in the name and seal is significant. If this happens, at the current place of work, the HR department employee is obliged to put a new seal on the title page, since a duplicate was issued at this enterprise.
Each section of the duplicate is carried out by personnel officers in accordance with the rules set out in the Instructions, namely in paragraph 7.2. In the third column, “Job Information,” enter the full name of the organization that existed at the time the employee arrived. For example, the company at that time had the following name: Limited Liability Company "Makro" (abbreviated as "Makro" LLC).
After an agreement was concluded with the organization Macro LLC, the company changed its name to Limited Liability Company Macro-Consulting. As a result, in all work books of the company it is necessary to indicate a new name (make an entry under the next number or register their duplicates). If the book itself is a duplicate and at the same time the first for this enterprise, then in the personnel department they put the seal of Makro-Consulting LLC instead of Makro LLC on the title page.
All subsequent entries regarding the renaming must be certified by the employee responsible for the entry and storage of books, as well as by the seal of the enterprise. Similar situations arise periodically. For example, a person worked in a company for three years, from 2008 to 2011. During this period of time, he turned to his superiors with a request to issue him a duplicate of a lost or damaged work book. After receiving the duplicate, the name of the company may have changed, as a result of which the employer will have to re-issue this document.
When is it issued?
A duplicate book is issued when the use of the original becomes impossible. Such cases include:
- loss by an employee;
- loss by the employer;
- damage to the document;
- entering incorrect data regarding dismissal or transfer.
Each of the points has its own characteristics.
If the original is missing, a duplicate is issued instead of the lost work book. Features of the issuance include the employee writing an application for a duplicate, making payment for the work form if the document is lost due to the employee’s fault.
In some cases, a person may not notice the loss of a work permit immediately, but some time after dismissal and when trying to get a new job. What to do if the “old” employer does not want to issue a duplicate, citing the statute of limitations? The statute of limitations for issuing duplicate labor documents is not established by law. Therefore, the employee must insist on issuing a repeat document or go to court.
How to issue a duplicate of a work book if the original has become unusable (burnt, torn, dirty, wet)? You should make a request at your last job with a request to issue a repeat document. On the title page of the book there should be a mark that this is a duplicate and a mark indicating that a new form has been issued. In the event that records are deleted or erased due to damage to the work record, the employee must present documents certifying his work experience.
If the employer loses the employment form, the employee’s work experience can be confirmed by a commission. She needs to provide documents or copies thereof that can confirm information about her profession and places of work. If such documents are missing, the commission can draw up an act based on the testimony of several witnesses who know reliable information about the citizen’s employment.
What is a duplicate work book?
The labor activity of each specific employee of any organization or individual entrepreneur is confirmed by a work book. It reflects various information about the employee, in particular about his previous and current work activities, awards, promotions, dismissals from previous places of work, transfers to new places of service, etc. The main role of the work book is confirmation of the employee’s length of service, provision comprehensive information about work activities. Maintaining this document is the responsibility of the employer (Article 66 of the Labor Code of the Russian Federation).
A duplicate work book is issued if it is necessary to replace the original document. In fact, a duplicate is a document completely identical to the original. Clause 22 of Section 3 of GOST R 7.0.8-2013 (approved by order of Rosstandart dated October 17, 2013 No. 1185-st) states that a duplicate is a repeated copy of the original document, i.e. there are significant differences between the original work book and its duplicate No. Thus, the unified work book form, approved by the order of the Ministry of Finance of Russia “On work books” dated December 22, 2003 No. 117n, is also relevant for a duplicate.
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Differences between a duplicate and an original can only appear in the amount of information entered. In addition, o. is indicated on the title page of the duplicate. In the event that the original work book is not lost, but has lost its validity (for example, rendered unusable), o.
For information! A duplicate of a work record book must be distinguished from its copy certified by the employer or other authorized employee. The duplicate, after its preparation and certification, acquires the force of the original, that is, the original document, while the copy only reproduces the information contained in the original work book and cannot fully replace it.
Decor
Any citizen with official work experience can issue a duplicate work book, regardless of the reasons for its damage or loss. A duplicate of a labor form is the same official document with legal force as the original document itself.
The issuance of duplicates can be carried out either by the employer or by a person authorized to issue work papers, inserts and duplicates. This is usually a human resources worker or an accountant. In rare cases, a secretary (if the company is small).
The documents that are necessary for issuing a repeated work book are provided by the citizen, but the organization is obliged to assist in every possible way in obtaining them.
In what situations is it possible to issue a duplicate?
The right to receive a duplicate work book, regardless of the reasons for its damage or loss, is granted by law to every citizen who has official work experience.
The issuance of a replacement copy is permitted in several cases.
1 case. The main (primary) form was lost by the owner himself. A citizen who has lost it applies in writing to the place of his last employment. In the statement, he notifies about what happened and asks to provide a duplicate. Within up to 15 days, the employing organization must issue a replacement document, indicating information about the employee’s length of service and employment before starting work in the last organization.
Case 2. Using the document is impossible for a number of reasons. If it has fallen into disrepair due to disrepair or careless handling, then the citizen receives a duplicate at the last place of employment. On the original that has become unusable, a mark is placed on the issuance of a replacement copy, its series and number are indicated.
Case 3. Work records have been lost en masse at the enterprise. Various force majeure circumstances, including natural disasters and technological accidents, can lead to such an emergency. For affected employees, the length of service will be established by an act of a special commission under the regional executive authority.
Case 4 The original form contains information that later turned out to be invalid. If records of this type are discovered (about transfer, about dismissal), the citizen contacts the place of employment to obtain a copy without indicating invalid facts. The requested document is drawn up without indicating erroneous information, a mark indicating the transfer of a duplicate is placed on the original, and the original is returned to the owner.
Case 5 The primary copy records suspension from work due to wrongful conviction. The fact that the record is invalid is confirmed by a verdict acquitting the citizen, or a decision to dismiss the (criminal) case. Records that have official confirmation of invalidity are not reflected in the issued version.
Important! When, after making a duplicate, the original is found instead of the lost document, the duplicate will subsequently be considered the only official confirmation for calculating employment and length of service. The replacement form must be registered in the accounting book, so in the future it is the length of service that is taken into account. The found original should be preserved for provision to the social security structures when assigning an old-age pension.
Price
According to the standards for maintaining and storing labor books, a citizen who has lost a labor form is obliged to inform the employer about this from his last job. In this case, the head of the organization must issue a duplicate labor document to the applicant no later than 15 days after writing the application.
According to the norms established by law, for a duplicate work book, a sample of which must be filled out by the manager or an authorized person, the organization has the right to charge a fee corresponding to the cost of purchasing the duplicate document form.
No fee is charged only in the following cases:
- if the employer loses all work records as a result of unforeseen circumstances;
- if the title page is filled out incorrectly;
- in case of damage that occurred through no fault of the employee.
Consequently, the organization has the right to charge a fee for providing a duplicate from an employee who has already resigned or if the employee himself is to blame for the damage or loss of the document.
Who issues
The rules for maintaining and storing work books regulate when and how a duplicate work book is issued if it is lost. They were approved by government decree No. 225 of April 16, 2003. The responsibility for registration rests with the employer:
- ex, if you do not work after dismissal;
- present if you are already working.
He is given 15 days to do this (clause 31 of the rules). But you collect the documents yourself. The employer only assists in providing and receiving information to confirm work experience (clause 7.2 of the rules). Some of the information contains the personal account of the Pension Fund (SZVK-4). You shouldn't rely on it completely. For many employed people, there is information about the total length of work experience, but there is no detail by period and employer. You cannot make an entry in the workbook on this basis. Sometimes it is not possible to confirm individual places of work - the new document has chronological gaps.
Algorithm
Let's consider the algorithm of how you can issue a duplicate work book. In this case, the registration procedure is established by law:
- A person who has lost a work form must write a written statement to the last organization where the citizen worked or is working.
- Based on this application, the organization collects information about the person’s work experience.
- An order is signed to issue a duplicate of the work book.
- The duplicate form is drawn up taking into account the established rules, information corresponding to the original document is entered.
- Information about the re-issued document is entered into the labor forms register.
- The citizen receives the finished document by signing in the journal confirming its receipt.
How to properly prepare a duplicate work book - sample:
Filling out a duplicate
The duplicate replacing the work book must specify the following points:
- information about the employee on the title page;
- data on both the continuous length of service of the employee and the general one up to the moment when he joined the company, supported by documents;
- records of awards and incentives from the last place of work.
Since the employer is responsible for preparing a duplicate of the work book, he should always have a certain supply of forms, on the title page of which there is a stamp with the word “Duplicate”.
The work book is one of the documents of strict accounting, therefore we draw up a duplicate of the work book correctly and leave a mark in a special journal stating that such a document was issued and the previously registered book was deregistered.
The section on awards contains information specifically about awards, and the column about work contains information directly about the work. The basis for filling out are papers confirming these data.
The title page is an important part of the duplicate work book, so you need to make sure that the information about the employee recorded from the documents provided by him is correct. The first name, last name and patronymic are written in full without initials or abbreviations. The same applies to information about the date of birth - the day, month and year are written in Arabic numerals. The data must be entered from a passport or identity document. Such documents include a military ID, foreign passport, driver's license, etc.
The education received and the profession assigned are clarified in the educational documents. Notes on education - general, primary and secondary vocational, secondary general, postgraduate and higher professional, as well as qualifications are made only if there is a diploma, certificate, attestation and other identification. Even if the education has not been received and is incomplete, the information is entered on the basis of documents certified according to the sample - student ID, certificates from an educational institution, grade book, etc.
Documentation
To obtain a duplicate work permit, it is necessary to collect and provide a number of documents that could confirm the citizen’s work activity. If there are none, the organization can contact the pension fund with a request about what activities were carried out and in what periods.
In the event of a massive loss of labor, the organization creates a commission that will identify the work experience of employees through requests and data processing based on the information they provide.
How to obtain a duplicate work book? First you need to write a statement, which should indicate:
- cause of loss;
- request for the issuance of a repeated document;
- date of compilation, signature of the citizen.
The application can be handwritten or printed. Some organizations keep ready-made forms for writing such statements.
How to apply for a duplicate work book - sample application:
After approval and acceptance of the application, the head of the organization must issue an order to issue a duplicate.
The order must:
- contain number;
- contain the main points that establish the basis for issuing a duplicate;
- published only in printed form;
- be handed over for review to the person who requested the duplicate;
- have the signature of the citizen to whom the duplicate is issued.
If the above requirements are not met, the issuance of a duplicate work permit is considered invalid.
To confirm your work experience, the following documents are taken into account:
- Private bussiness.
- Orders on hiring, transfer, dismissal.
- Citizen's certificates.
- Employment contracts.
- Paybook.
What information is included in the duplicate?
How to properly issue a duplicate work book? You should start by filling out the title page of the form, which should contain up-to-date information. This includes:
- last name, first name and patronymic of the citizen;
- Date of Birth;
- availability and type of education;
- profession.
The reliability of this data must be documented. Namely, a passport and educational document must be provided to fill out.
The title page bears the signature of the citizen receiving the duplicate and the authorized person, as well as the seal of the organization.
Duplicate work book - sample of filling out the title page:
Next, you need to enter information about your work experience. To do this, in column 3, in the “Work Information” block, you must indicate your total work experience. This information is not certified by a seal or signature.
Next, fill in all the columns in order:
- Enrollment Date;
- information about the position, organization, grounds for dismissal or transfer;
- information about the document on the basis of which the data was entered.
Only those records that are documented are included in the duplicate work record. No other information is recorded. All entries must be made in blue or black pen; blots, errors or abbreviations are not allowed; “Duplicate” is written in the upper corner of the duplicate document.
How to fill out the document
Filling out and registering duplicates is carried out in accordance with the Regulations of the Russian Federation on work books (04/16/2003, No. 225), in particular the Rules for their maintenance and storage, and the Instructions of the Ministry of Labor and Social Protection of the Russian Federation for filling out work books (10/10/2003, Resolution No. 69 ).
What is the sequence of actions to register a duplicate?
The procedure for obtaining a duplicate work book is determined by law and involves the following actions:
Those who have lost their work book apply to their last place of employment to obtain a replacement document.
- The management of the enterprise issues an order to the relevant department to prepare a duplicate. The person submitting the application must familiarize himself with the order and put his signature on it.
- The employer's specialist collects information about the employment of the applicant in past periods.
- A duplicate work book form is drawn up based on current regulatory rules.
- Information about the re-issued copy must be recorded in the journal of strict reporting forms.
- The applicant is given a completed copy after signing the receipt in a special journal.
What information is included in the form?
The completed form must reflect the information contained in the original version, including:
- personal data about the citizen;
- information about employment before the start of activities at the place of last work;
- information about awards, transfers, dismissals;
- a link to the reasons for performing all actions.
The title of the new copy (in the upper right corner) is stamped with the stamp “Duplicate”. Information about the citizen from the passport or identity card is also added here, which should not be expired on the day of filling.
The citizen’s birth data must be indicated in full (without abbreviations); patronymic, first and last names must also be indicated. A diploma or certificate serves as a source of information about the employee’s education and specialty. In case of incomplete education of a citizen, the entry will be made according to the information from a certificate from an educational institution or an academic record book. The recipient personally certifies the information on the title page, and the HR department specialist puts the date of completion and his signature with the seal of the enterprise (HR department).
Important! The “Work Information” section begins with a record reflecting the total amount of work experience up to the moment the employee was hired at the last place of employment. At the same time, it is not specified which organizations the citizen worked for in the past and during what period.
Next, periods of employment for certain jobs are recorded in the prescribed manner in columns 1 to 4, respectively:
- record number (in order);
- day of admission to the organization;
- the name of the enterprise and the position for which the employee was registered;
- indication of the basis for the entry in column 3 (about admission).
Information about transfer to another job in one organization (if any) is carried out in a similar way.
After the specified information, data on the dismissal is entered in columns 1 to 4, including the record number in order, the date of dismissal, on the basis of which law (standard) the employee was dismissed and the document on the basis of which the record (of dismissal) was made. The completed section is certified by the signatures of the HR department employee and the owner of the work book, then the seal of the employing organization is affixed.
All entries are made according to the documents provided for each type of past employment of the employee. Information is not transferred to the form if complete information for any period is not available. In the “Information about awards” section, information about previously received awards and incentives is indicated only upon receipt of supporting documents.
Important! The work book belongs to strict reporting forms. Therefore, the issuance of a new document is registered in a special accounting journal, and the previously registered form is removed from accounting as the next (second) entry.
Some nuances
There are cases when an organization issues a duplicate employment form, and after some time the employee finds the original document. In this situation, only one document can have official status, which is the last one recorded in the labor form register. Accordingly, it will be a duplicate. The employee can leave the original in case he needs documentary evidence of his work experience in any authorities.
Duplicate records are certified as follows:
- the authorized employee does not certify information about the length of service with either a signature or a seal;
- after entering all the information about previous work, the signatures of the authorized person and the employee, as well as the company seal, are affixed.
Invalid entry
How to issue a duplicate work book if the entry in the original is declared invalid? This fact is provided for in paragraph 1.2 of the Instructions. Typically, such a record is discovered either after the employee is fired or when he requests a copy of the document. If an error is identified, the employee must write an application for the issuance of a duplicate without an entry that has been declared invalid.
Next, the repeated document is drawn up according to the same rules as in other cases. And accordingly, it will not contain entries declared invalid.
If an employee quits
How to make a duplicate work book if an employee quits?
It should be said right away that it would be unlawful on the part of the employer if he refuses to issue a duplicate employment document to a citizen only on the basis that he has already quit, and also cannot provide data on the period of work after dismissal.
The organization is obliged to issue a duplicate based on the application submitted by the employee, regardless of whether he works in this company or not. In addition, the legislation does not provide for such reservations that a citizen is obliged to provide information about the work that was carried out after dismissal.
A duplicate is issued to such a citizen on a general basis.
If the work book is lost by the employee himself
Only on the day when the validity of the labor document is terminated can a duplicate labor book be issued. In other cases, only upon a written application from the employee for a period of no more than three working days, starting from the day of filing, the employer is obliged to issue either an extract from this document or a copy.
Further, based on paragraph 31 of the Rules for the storage and maintenance of such documents, in the event of loss of employment, the employer must issue a duplicate of the document no later than 15 days from the day the employee filed an application for loss. In his application, the employee is obliged not only to state a request for a duplicate to be issued, but also to explain in detail the circumstances under which the work was lost. When issuing a duplicate, the following inscription is made in the upper corner on the right side of the title page of the duplicate: “Duplicate”.
In a situation where an employee has already worked before joining the organization, when filling out a duplicate document, information about continuous work experience before joining the current company, which is confirmed by the appropriate set of documents, is first entered into the “Work Information” section. If the provided documents do not fully contain information about past work, then only the information contained in the attached documentation is entered into the duplicate work report. The original document is returned to its owner after copies have been made and certified by the employer himself or the personnel service.
The employer must help the employee obtain this type of document, which confirms his work experience. If we talk about a copy, then you need to enter information confirmed by various certificates or orders, and the employee submits a copy, if necessary, with a duplicate in order to confirm on a documentary basis his work experience.
Is it possible to issue a duplicate work book based on a copy of the work book?
According to Article 65 of the Labor Code of the Russian Federation, if a person who starts work does not have a work document due to its loss, damage as a result of a fire or other circumstances, the employer must issue a new such document based on a copy at the request of this person at writing. And according to Article 66 of the Labor Code, the procedure for filling out and storing, creating forms of such documents, the form, as well as providing employers with work books is established by the government of the Russian Federation. Paragraph 31 of the Rules for filling out and storing the book establishes the following: a person who has lost such a document must immediately notify the employer at the last address of work.
Due to the above provisions, an employee of an organization can contact his new and previous employer, which is considered completely legal, while no one has the right to refuse the service of issuing a duplicate document based on a copy. According to paragraph 32 of the rules for the process of registering a duplicate, the following is written in it:
- information about the employee’s work experience, regardless of whether it is continuous or general, before joining the current employer, which is confirmed by a number of documents}
- information about work and available incentives that were included in the employment document for the last workplace.
Employees, as necessary, turn to employers to ensure that they complete a duplicate work book based on its copy. The reasons for such a request may be: loss of a document, unsuitability of the book for further use, and many others. But there are not always cases when a duplicate can be issued only at the request of an employee. That is, there are situations when the employer must issue a duplicate himself.
Regardless of whether there is a copy of the lost document, to restore the records you need to collect certificates and extracts from orders from all previous places of work. If the loss or damage to the work record occurred through the fault of the employee, he will deal with this himself, but if the employer is to blame, then his responsibilities will include contacting all the employee’s previous managers.
Ledger
After the duplicate work book is completed, information about it is entered into the labor register. Since the duplicate document has the same legal force as the original, therefore, the rules for its recording and storage will be the same. The only difference is the “duplicate” mark.
A work book is an important document that confirms not only a person’s activities, but is also a guarantor of future pension accruals. And even despite the fact that the law allows you to issue duplicates of lost or damaged originals, which have the same legal force, it is still better to be careful and careful with the original work book. After all, collecting information can take a lot of time, and for some reason some information may be lost altogether. Therefore, it is important to carefully maintain, maintain, and store this document.
What information must be provided in order for employment records to be made?
Documents that serve as the basis for confirming work experience are:
- extracts from orders,
- certificates,
- extracts from personal files,
- information from orders,
- documentation from employee accounts,
- salary slips,
- other documents that contain confirmation of work experience.
Experience, in turn, can be confirmed by characteristics from places of work, certificates, written employment contracts and agreements with a note of execution, forms, track records and labor lists and other documents that contain information about length of service and periods of work.
Documents submitted to confirm employment must have the signature of the head of the organization and a seal. HR department employees make copies of the submitted originals, certify them and leave them for safekeeping. The originals are returned to the hands of the owner.
So, if a document for some reason ceases to exist, then a duplicate is issued by the employer based on the employee’s submitted application. At the same time, it is taken into account that some entries may be invalid and should be absent in the new document, which is registered in the journal for accounting work books.