Where can I get a work book if I have never worked?

A work book is one of the most important documents for every person. It stores information about education, qualifications, length of service, positions held, reasons for dismissal, and so on. It can be evidence of career growth and become an important argument if you want to get a more prestigious position, and it is also a source for correctly calculating your pension. That is why the work record book should be treated with special attention and care.

How to get a work book for the first time

As a rule, a work book is drawn up at the very beginning of the career path - at the first employment. There are several ways to obtain it:

1. the personnel officer or the head of the enterprise in which he is employed issues and draws up a work book for an applicant for a particular vacancy;
2. the future employee buys this document at a stationery store and fills out personal data independently.
   Next, he takes the book to the personnel department of the organization and gives it there for making all the necessary entries and for further storage. Attention! You cannot make any entries regarding work in your work book yourself! They are strictly within the competence of personnel specialists and authorized representatives of enterprises and organizations.
3. Some universities also provide their graduates with work books as a diploma supplement. Of course, this is unlikely to allow yesterday’s student to find a job faster, but it will definitely speed up the process of applying for a new job.

Important! It must be remembered that the work book is essentially a strict reporting form, therefore its execution and all records must be kept in full compliance with the Labor Code of the Russian Federation.

Receiving for the first time

There are three ways to receive a document for the first time:

1. When applying for a job. According to the law, when hiring a new employee who does not have a work book, the organization’s personnel service must provide him with a document (Article 65 of the Labor Code). For these purposes, organizations purchase special forms from suppliers with whom contracts have been concluded. These forms must always be available. When registering an employee, a blank form is used on which his personal data and employment record are entered. According to labor legislation, the employer has the right to deduct the cost of the document form from the specialist’s first salary (clause 47 of the Rules for maintaining work books). Such deduction can be made only on the basis of an appropriate order. Without an order, withholding funds for the form is considered illegal.
2. After graduation. Some educational institutions of higher and secondary vocational education issue their graduates with work record forms along with their diplomas. This allows young professionals to save money equal to the cost of the document form when they first find a job.
3. Buy it yourself. If desired, the employee can independently purchase the form and bring it to the personnel department. This option is relevant in two cases: the organization currently does not have blank forms, the cost of a document purchased independently is less than the cost of a form in the organization. When purchasing on your own, there is a risk of purchasing a counterfeit. Often sellers sell documents that do not meet standards. JSC Goznak is the only official manufacturer of work record forms in the Russian Federation. When purchasing a document yourself, you must make sure that it was produced by this printing factory. On the last page of the work book there must be a confirming entry - “MPF Goznak”. Also, the coat of arms is depicted on the title page of the original document, and there are watermarks on all pages.

It should be noted that the requirement of the personnel service to independently purchase the form is a violation of the employee’s labor rights. The organization is obliged to provide the document if the citizen does not want to purchase it on his own.

How to get a work book if you lose it

No one is immune from the unexpected loss of a work record. It is clear that it is unlikely that it will be possible to return the original, but in this case you can get a duplicate. To do this, you need to contact your employer at your last place of work. This must be done in writing:

• or by personally submitting an application for a duplicate,
• or by sending a letter by Russian Post with an inventory and notification of delivery.

When registering a duplicate, the HR department specialist will make a note about the restoration of seniority. In this case, you will only be able to re-enter information that has documentary evidence. In other words, if an employee does not have documents indicating that during a certain period of time he worked at a particular enterprise in such and such a position, then such a record at his last place of work cannot be restored.

The easiest way is if you have a certified copy of the work in hand - this will facilitate the process of restoring it, but if not, then you will have to run around.

To fully restore your experience, you will need to visit all those organizations and enterprises where you previously worked. They will have to take all the necessary orders, extracts and certificates. If this is not possible, for example, because the enterprise has closed, you will need to visit the state archive of the locality where it was registered.

Attention! If the loss of the work record was due to the fault of the employer, then he must bear all the hassle and costs of restoring it. The employee only needs to give the employer’s representative a power of attorney to obtain the necessary information to restore the work record.

Step-by-step instructions for employers

If you are an employer or a person authorized to maintain labor codes, you need to approach the issue of preparing books very carefully. The slightest violation can be fraught with the development of problems. Therefore, keep in mind that you must fill out the form very carefully, and if by chance you make a blot or mistake, the form must be replaced.

For a person getting a job for the first time, the work book will need to be filled out in his presence. To do this, he must provide you with a passport and education document . The labor document must correspond to the passport data.

And if a different surname is written on the education (qualification) document, ask for a document confirming its change. For example, if a woman is married, she must provide a marriage certificate and a copy of it. The copy must be certified and placed in her personal file along with copies of other documents.

Filling out the title page will not be difficult, since it indicates what information needs to be entered. But you need to comply with the standards established by legislative documents . In particular:

1. Fill out the form legibly, neatly, without marks.
2. Use a blue or purple ballpoint pen, you can write with ink.
3. Dates must be indicated in Arabic numerals only.

Book forms

They must be stored in the accounting safe, along with the receipt and expenditure ledger. You can take the form only with a receipt, which indicates which employee the work book is for, in accordance with the requirements of the Ministry of Labor No. 69.

If the form is damaged, it must be written off as an act and destroyed, and the next one must be taken to fill out. It is not prohibited for forms to be kept by a person authorized to maintain labor codes, as well as by an employer.

If you are a beginner entrepreneur and don’t know how to purchase forms, go to the website and order forms from intermediaries. They have a specialized power of attorney from Goznak and a license to distribute Labor Code forms and work book inserts.

Purchase the required batch immediately and store it in the organization so that they are always available, since the provision of the labor to the employee must be within 5 days from the day of concluding the employment contract.

If these deadlines are violated or other violations are committed, then GIT inspectors will impose fines that, at a minimum, range from 300 to 5,000 rubles.

Before you start filling out the TC, you need legal grounds. These include:

• application for a job;
• The order of acceptance to work;
• order to issue and fill out a labor form.

After the title page is completed, the owner of the work signature signs at the bottom. Signed below:

• Head of HR Department;
• or employer;
• or an authorized person.

If the enterprise is small and does not have a staff of persons responsible for office work, as well as a personnel department or similar, the employer has the right to grant the right to fill out labor records to the chief accountant, in accordance with the legislatively approved Rules of April 16, 2003 No. 225.

However, if he, without an order, filled out the labor report instead of the manager, using a fax stamp with his signature, this will be considered a violation.

When signing, be sure to follow the sequence and put:

• job title;
• signature (stroke);
• its decoding with initials.

Is it necessary for a foreigner?

When employing a foreign citizen, it is not necessary to create a labor code if he can be employed under a contract or otherwise.

However, according to his wishes and requirements, the TC will have to be started . Moreover, in accordance with Article 65 of the Labor Code of the Russian Federation, the employer does not have the right to refuse a person official employment. It is unacceptable to accept labor from foreign countries or take into account the length of service entered into the foreign citizen’s book, earned outside the Russian Federation.

In this case, it is necessary to clarify, in accordance with the list, his professional suitability. For persons with Soviet-style educational documents, the right to education is preserved. For others, confirmation of qualifications is provided if the educational institution is not included in the list of generally valid ones.

Without this condition, the personnel officer fills out the Labor Code by analogy with an employee without education . The exception is made by invited specialists of high professional level by a collectively agreed upon official decision.

An important point will be to fill out the last name, first name and patronymic in Russian. In order for it to be entered correctly, a separate application from the employee will be required, in which he will personally confirm the correctness of the entered data, corresponding to the passport data in his native language.

We receive a work book upon dismissal

By law, the employer is required to issue a work book to the resigning employee on the last day of work. In order to receive a work record, an employee does not have to write any statements, however, after this document has been issued to him, he is required to sign in the internal journal for recording the movement of work books. Next, the personnel specialist makes a corresponding entry in the employee’s personal card and it is also certified by his autograph.

If for some reason a resigned employee cannot receive a work permit in person, he can send his representative to pick it up. However, it must first be provided with a power of attorney certified by a notary.

Another option is to ask the employer to send him the work book by registered mail with an inventory and notification of delivery via Russian Post at the actual place of residence.

Work under an employment agreement

If the employer does not make records of employment, then the Labor Code does not apply to the employee. In this case, contributions are paid voluntarily.

Most often, the employer himself does not plan to carry them out in order to save money. This is precisely what distinguishes employment under a book from employment under an agreement. In this case, it will be difficult for the employee to prove that he worked. Therefore, when applying for a job, it is advisable to make appropriate records to prove your work activity.

How to get a work book without being fired

According to the law, work books during the employee’s work at the enterprise are stored in the employer’s safe, which bears full responsibility for their availability, content and safety. HR specialists have no legal grounds for temporarily issuing a work book in the hands of the employee. Therefore, if for some reason an employee still needs a work permit, he can submit a written application only for the issuance of a certified copy of it.

In those rare situations when the original is needed, you can ask for it to be issued in writing with a mandatory indication of the reason (the need to make a notarized copy is perfect), a date and a signature with a transcript. It’s not a fact that the employer will meet you halfway, but, as they say, trying is not torture.

Is it possible to get a job without a work book?

An employee can get a job without a work book, which is then given to him by the employer in accordance with the law, or there is another possibility: labor or actual labor relations begin and develop without a work book.

In the first case, the person could have no work experience at all. These are minors and graduates of educational institutions who are getting a job for the first time, and other citizens who have not worked for some reason (housewives). 65th Art. indicates that when concluding an employment contract with these citizens, the employer does not require work records from them.

The same paragraph provides another exception - a part-time student is not required to have a book upon admission and one will not be issued for him later.

Another one, specified in Art. 66 . case – when the employer is an individual. In this case, the work book is not issued at all, even if the work is the main one for the person.

The procedure for these relations is prescribed in detail in Article 303 : a written employment contract is mandatory, which is registered with local governments, the employer pays insurance and other mandatory contributions.

The employee does not have a book upon admission if he lost it, misplaced it, etc. In this case, according to Article 65, it is the employer’s responsibility, at the request of the employee, to issue a new work book.

Having started without a book, the relationship then develops as usual, that is, with her.

As follows from Art. 66. Clause 3 of the Labor Code , for everyone who has worked in an organization for more than 5 days, the employer is obliged to keep a work book, despite the fact that the work is the main one for the citizen. See the full text of the law, Chapter 11, Article 66 below:

For violation of this requirement, liability is provided: 3rd paragraph 5.27 of Art. The administrative code establishes punishment in the form of a fine for improper registration of labor relations.

Actual labor relations, formalized as civil law, begin and develop without work books. Formally, they are civil and are regulated by the norms of the Civil Code, and not the Labor Code.

Instead of labor contracts, for example, author's, contract, agency, and other agreements are drawn up. In this case, the employee is deprived of guarantees: the employer does not pay mandatory contributions; Vacation and sick leave are not paid; a civil contract is fixed-term, whereas an employment contract is usually indefinite; experience is lost; and etc.

Despite all the apparent convenience, this is also risky for the employer: clause 3, 5-27 art. The administrative code punishes for concluding a civil contract, and paragraph 5 establishes increased liability for repeated actions. At the same time, no one interferes in the economic activities of organizations and responsibility will arise only if one relationship is masked by another.

An employee who organizes his activities in this way must take into account that it cannot be systematic in nature, but must be one-time.

Otherwise, he needs to register as an individual entrepreneur, pay fees and taxes in accordance with the law.

The employee does not return the borrowed work

An employer may find itself in a difficult situation if an employee asks for a work permit and does not return it. It is even more unpleasant when the work permit is issued on a legal basis, for example, to apply for a pension: the Pension Fund of the Russian Federation is required to provide the original of the Labor Code of the Russian Federation in Art. 62 allows and even orders such extradition. The legislation does not indicate what the employer should do and what the employee may face for this.

An employer cannot bring a negligent employee to disciplinary liability, because failure to return work is not included in the list of offenses for which it is provided for (Article 21 of the Labor Code of the Russian Federation). If the work permit was issued on parole, the employer may be punished by control authorities, since responsibility for storing these documents rests with him. But if the issuance was on a legal basis, the employer is not guilty of the absence of labor on site. To protect yourself, you should ask the employee for an explanation of the reason for the delay in return,

support it with a request to the Pension Fund. If an employee has lost his or her work record before or after using it to apply for a pension, the employer must issue a duplicate within 15 days.

Work record status

Recording employment in the work book is mandatory, but the status of this document is gradually becoming less and less.

In the USSR, a work book was actually the only legal confirmation of an employee’s length of service. Only with her could you declare your claims to a pension. Over time, the system simplified the employee’s life, making it possible to confirm the length of service in a different way.

For example, since 1997, the Social Insurance Fund and the Pension Fund also began to keep records of work experience, so that from that time on, obtaining a pension actually ceased to depend on the work record. Anyone today can receive an extract about their work experience, in accordance with the data of the Russian Pension Fund.

Basis for calculating length of service

Copies of orders for hiring and dismissal also began to serve as documents confirming work experience. Thus, now it is absolutely not necessary to have a work book in order to start applying for a pension - previously it was impossible to open a pension file without it.

However, a work book is mandatory for registration at the main place of work. If an employee, in fact, can get any job without a work book, then the employer must take care of having one. It turns out that the work book is more needed by the employer than by the employee. For the latter, it is enough that the employer correctly carries out deductions and accruals on wages.

Qualification

Previously, it was necessary to make absolutely all changes in the employee’s status in the work book. In fact, the only document that confirmed the change in qualifications was the work book. Today it is not necessary to do this - information about an employee’s career growth can be gleaned from his resume, and not from his employment history. If you have any questions, you can contact your previous employer. On the one hand, this simplifies the work, on the other hand, there are opportunities for a biased attitude towards the employee on the part of the former employer. For workers, such innovations are good in the sense that some negative aspects of work can be hidden.

Pension calculation

Previously, the work record book had a strong influence on receiving a pension, because it recorded the continuity of service. Today this function has been lost, since the amount of the accrued pension depends not so much on the length of service, but on the amount of contributions to the Pension Fund. The minimum length of service to receive a pension is now 5 years; by 2025 it will increase to 15. Young Russians (born after 1967) have ample opportunities to receive a pension and choose a pension fund that will provide for their old age. Therefore, personnel officers are more concerned with the question of how to fill out a work book when applying for a job.

Continuity of experience

Obtaining sick leave today also practically does not depend on length of service, and therefore, on filling out the work book. Since 2007, continuity of service does not affect the calculation of sick leave.

In general, such an anachronism as continuity of seniority is almost completely a thing of the past. Today, in order to receive a good pension, an employee actually must take care of the correctness of contributions, a decent income and the absence of violations of labor discipline.

Awards

Today it is not obligatory to record awards and incentives, although such sections remain in the work book. In Soviet times, they played a significant role in an employee’s career; today this is a thing of the past. Basically, such records are made in the public sector, especially in the state and municipal services. In other areas of activity, such records are not made, and this is not strictly regulated by law.

How to get another work book

The work book must be created by the first employer, and then it is transferred along with the new employment, or a part-time job must be registered in other jobs. But in practice, situations may arise when a person, after being fired, lost his work book and found it after registering a duplicate. Or he deliberately went into hiding so as not to make the unpleasant recordings public. Now there are two copies available, which, although not directly permitted, is not prohibited by the laws of the Russian Federation. There is no punishment for this.

However, if the employer finds out that the employee has unprovided labor, he will have the right to dismiss him. Reason: provision of false documents during employment.

An employee does not need two work books: when the time comes to apply for a pension or some kind of benefit, he will need to provide only one, both at the same time “pull” for fraud.

If the second work is fake, this is a direct forgery and criminal liability.

Therefore, in most cases, the employee does not need a second labor report: it is much more advisable to follow the legislation of the Russian Federation.

Design features

Entering information into the work book is carried out by an employee of the OK or from the personnel control service.

This document is drawn up for the first time when an applicant who has not yet worked anywhere is hired for a vacant vacancy.

Then, if the worker quits, he is given his work book and he transfers it to the new employer upon entering the new enterprise.

Let's take a closer look at what rules exist on the basis of which the personnel officer carries out the procedure for processing, recording and storing this document.

Who issued it for the first time?

The basis for the initial execution of this document is the circumstances described in clause 8 of the Rules for maintaining and storing work books, which were approved on April 16, 2003 in Decree of the Government of the Russian Federation No. 225 (hereinafter referred to as the Rules).

Decree of the Government of the Russian Federation of April 16, 2003 N 225

It states that for a worker hired for the first time, a work book is issued by a responsible employee of the employer in the presence of the person for whom it is registered, no later than 7 days from the date of his acceptance into the staff of the enterprise.

To make entries, an OK employee is given a work book form in the accounting department of the same organization in the prescribed manner (clause 42 of the Rules). At the same time, it is stipulated that the worker is charged its cost (clause 47 of the Rules), but this procedure is carried out at the discretion of the employer, so it does not always happen.

There are situations in which compensation cannot be taken from a worker for making entries in the work book and its registration:

• if inaccurate or erroneous data was entered when initially filling out the sheets of this document or insert;
• when it is damaged through no fault of the person whose document it is;
• due to the massive loss of documentation from the employer due to an emergency.

In such cases, the enterprise must issue a new work book for its worker to replace the lost one at its own expense.

How much does a work book cost?

So, we found out that the initial registration and acquisition of a work book is the responsibility of the employer.

But if a citizen needs to open it before starting his first job in order to make entries about the specialty acquired, which is contributed by the educational institution, then he will have to buy the form at his own expense.

The price of the document can fluctuate between 175-180 rubles, and the cost of the insert is the same.

Who fills it out?

The responsibility for filling out all the important nuances regarding the labor relationship between the employee and the employer usually rests with the personnel department.

If the company does not have a large staff, then the head of the company can make the storage and records himself or entrust this matter to his secretary.

In the work book, the person responsible for entering the data puts his details and signature.

If there is a seal and stamp, their imprints must be placed in the admission and dismissal records.

During the approval of the new work book form, the Decree of the Government of the Russian Federation “On Work Books” dated April 16, 2003 also issued rules for maintaining and storing them.

They clearly state the order in which the pages should be filled out.

It is also stipulated here that this document of a worker working in an organization for more than 5 days must be filled out properly and maintained only by the responsible person.

The rules for recording and storing labor brochures require the following actions:

• create a personal card for each employee, where they duplicate information similar to entries in the work book;
• information is filled out in Russian, but under some circumstances they can be duplicated in a language that is officially approved as the second state language for the republic that is part of the Russian Federation;
• all parameters are recorded only if there is a corresponding order or instruction from the manager.

Please note that entries in the document can only be made by those who are entrusted with the performance of these duties by order of the head of the enterprise or by himself.

Entry of data by other persons is invalid and will result in damage to the document.

How are records kept?

All enterprises are required to keep records of work books, so they need to use a special book movement book by order of the Ministry of Finance No. 69.

Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69

The responsibility for its implementation is assigned to QA specialists or another person entrusted with this activity.

To carry out work record keeping, they need to have the following:

• a special approved form of the book form;
• company documents and personal records of employees;
• seal of the organization.

The management of each enterprise is obliged to obtain a responsible person to keep a book for recording documents confirming employment.

This procedure is established by labor legislation, and if it is violated, penalties are imposed on the organization.

How is the act of transferring work books drawn up? You will find a sample on our website. Why do you need an extract from the work book? Find out here.

What to do if there is an incorrect entry in the work book? See here.

Where is it stored?

In an organization, employee records are kept in the OK or in the office of the head of the company.

They are issued to the worker upon dismissal; at other times, a copy certified by the enterprise is issued.

This happens if an employee wants to get a part-time job at another company.

To receive a copy, he writes a corresponding application.

The employer has no right to refuse in such cases.

To control these forms, the following registers are created in OK:

• To account for the movement of work books and their inserts.
• Receipt and expense book for accounting of work books.

All options for receiving and issuing these brochures are entered into the receipt and expenditure list, in which its individual number and series are recorded.

In this case, the entries are made by accountants.

The employer refuses to issue a work permit: how to solve the problem

Quite often it happens that the employer and employee part as bitter enemies. In retaliation, the former employer may flatly refuse to give the unwanted employee his work book.

If all possibilities to reach an agreement with him through oral negotiations have been exhausted, then there is only one option left: go to court.

But first you should stock up on a copy of a written statement, the original of which must be given to the employer. In it, you should ask the former employer in any form to issue a work book and put a date on it. If after three days the work permit is not issued, then you can safely go to court with this application.

As compensation in a statement of claim, you can demand an amount equal to the average salary for the period of forced absence due to the lack of a work book. As practice shows, in such cases the courts accommodate employees halfway and award them financial compensation.

If there is no more space in the book

If there is no longer room in this book for making new entries, then the new employer must paste a special insert into it with similar details of the book.
As a rule, the insert is glued after the last page in order to preserve the order of a person’s work activity. When the insert is pasted in, it is assigned a number and series; these should also be indicated on the title page, and a stamp should be placed indicating that the insert was issued.

If the insert form was damaged when filled out, it should be disposed of and replaced with a new one. mistakes in the document .

Now you know where you can get a work book and how to fill it out correctly. The information will be of interest to both ordinary employees and personnel department employees who keep records of work records of company employees.

The employee refuses to pick up his work permit: what to do in this case

It happens that an employee who has been fired does not agree with management’s decision. As a protest, he flatly refuses to take away his work book. Or, for example, a person quit his job, but did not consider it necessary to take away his work permit. What should the management of the enterprise and the personnel specialist do in this case? For such situations, a specific algorithm of actions has been developed:

1. It is necessary to send a notification to the place of registration of the former employee with a request to pick up the work permit;
2. If the first point does not work, you can send the work book to the same address by a valuable letter with acknowledgment of receipt. True, if the employee did not give a written agreement in advance for such transfer, in case of conflict or controversial situations, he can use this fact against the employer;
3. You can transfer the work book to a former employee through his representative. However, the latter must present a notarized power of attorney to receive this document.

If, under any circumstances, the employee does not want to take away his work, this fact should be recorded in the appropriate act in writing and in the presence of witnesses. In the future, this will serve as evidence that the employer, for its part, did everything it could to transfer the work book into the hands of the former employee.

Prospects for using work books

The state is gradually expanding the opportunities for employees to confirm their work experience, making work books no longer the value they were 25 years ago. However, this document has not completely gone out of circulation and employers are subject to legal requirements regarding the maintenance of work records.

In addition, there is a certain category of employers who like to look at the work record book, and not at the resume, believing that anything can be written in the latter. On the one hand, this is even true: the resume is confirmed only by the signature of the author, and the work book bears the seal of the enterprise, which means there is a high level of responsibility. On the other hand, the fact that an employee has worked in a position for a certain amount of time does not indicate a high level of his abilities.

With the development of electronic document management, the importance of work records is becoming less and less. True, a loophole has appeared for punitive authorities in the form of a discrepancy between the work book data and the records of the Social Insurance Fund and the Pension Fund: there is a reason to conduct an audit, as a result of which both the employee and the employer may suffer financially. In addition, electronic document management is too big an innovation for the country to take root immediately. Many simply deny the electronic document as such, and the state has not yet approved a regulatory framework prohibiting not accepting them.

In any case, an error when making an entry in the work book has ceased to be a tragedy, as it was before. If an error in the recording affects any circumstances, it will be insignificant - you will just have to correct it, perhaps by correcting other documents. However, the latter may also become a relic of the past very soon, because bills to abolish work books appear regularly.

What information is stored in the ETC?

The electronic work book stores the same information about the employee as in the classic paper version:

• employee information;
• dates of admission, dismissal and transfer to another position;
• place of work;
• name of the event (reception, transfer, dismissal);
• position, profession, specialty, qualification, structural unit;
• type of work assigned;
• date, number and type of document;
• reasons for termination of employment.

The electronic work book stores information about work activities starting from January 1, 2021. Information about previous work experience is stored in a paper work book.

Advantages: accessibility and reliability

An employee with an electronic work record book will always be able to view his work experience . To do this, you do not need to contact the HR department and request a copy, and you also do not need to give your employment record when applying for a job.

In addition, you can control the accuracy of the entered data yourself. If there is an error in the work book, you can always track it down and report it to management.

Also, using an electronic labor pension, you can apply for it remotely without supporting documents. To do this, you will only need your personal account information.