What is an extract and in what situations may it be required?
An extract from the work record, made in accordance with the requirements of the Labor Code and the Rules, is a collection of information about a person’s work activity during certain periods, properly executed (signed, certified and sealed).
Firstly , it contains the name of the document (“Extract”), full name, date of birth, employee’s profession, etc.
Secondly , information is copied from those pages of the work book that are necessary for the employee and for which he actually applies for an extract.
Thirdly , each page of the extract is certified in the prescribed manner - with the signature of the responsible person and the seal of the organization.
An extract may be required, for example, to obtain a foreign passport; banks ask for a copy or extract when applying for a loan; it may be needed for submission to a pension fund or educational institution, as well as to other organizations or government bodies.
How to formalize and certify
An extract is only part of the data certified by the responsible person; how to make an extract from the work book is decided by the employer. A copy implies duplication of the entire content of a document; an extract from a document is not equal to its copy. The required components are:
- name of the document, date of its preparation, for example, an extract from the work book “Information on the labor activity of employees”;
- employer details;
- Full name of the employee;
- his position and education;
- certification by a manager or a responsible employee (this is the one who is vested with such powers by order - the head of the personnel department or another employee).
For certification in accordance with the requirements of GOST R 7.0.97-2016 (approved by order of Rosstandart No. 2004-st dated 12/08/2016), write “True”, indicate the name of the certifier’s position, put the signature of this person with a transcript, seal (if any) and date, leave information where the original is stored. If several sheets are obtained, they are stitched and numbered.
When an employee chooses an electronic labor code, the employer provides him with information in the STD-R form (Order of the Ministry of Labor No. 23n dated January 20, 2020). Information is sent to the employee both upon his request within 3 working days, if he is employed, and upon his dismissal on the day of termination of the contract (Article 66.1 of the Labor Code of the Russian Federation).
Sample
No unified form has been established. Each company develops the type of document independently; use the form provided.
in Word
Legal documents
- Labor Code of the Russian Federation (Article 62)
- Government Decree No. 225 of April 16, 2003
- Art. 66.1 Labor Code of the Russian Federation
- 84.1 Labor Code of the Russian Federation
- fundamentals of the legislation of the Russian Federation on notaries
- GOST R 7.0.97-2016 (approved by order of Rosstandart No. 2004-st dated 12/08/2016
- Order of the Ministry of Labor No. 23n dated January 20, 2020
Where should I contact?
According to Art. 62. Labor Code and paragraph 7 of the rules for maintaining books, the employer is responsible for issuing an extract. To do this, a written application from the employee is required.
There are no strict requirements for it, but, as a rule, it is drawn up as follows: it is addressed to the head of the organization and contains the employee’s request with reference to Article 62. Labor Code on the issuance of an extract from the work book, indicating what information must be written out and certified and on what pages it is contained.
Sometimes the employer requires the application to indicate the reason why this information was needed, but this is not based on the law. The application is signed by the employee and a date is set, which is very important, because the employer is obliged to issue an extract no later than three working days. The issuance is carried out by the HR department on the basis of an order from the head of the organization (read about the person responsible for work books).
Procedure and terms of issue
If an employee has a need to obtain an extract from the work book, then the procedure for his actions should be as follows:
- He writes a free-form application addressed to the employer indicating a request to provide him with an extract from the work record book . The form of such an application is not provided for by law. In it, the employee needs to indicate the full name of the manager and the name of the employing company, his full name and position and department, as well as indicate a request to provide an extract (for example, “I ask you to provide an extract from the work book to be provided at the place of request”). At the end, the date and signature of the employee with a transcript are placed.
- Based on the specified document, an order is issued, which is the basis for issuing an extract . This stage is necessary, for example, if the application is submitted to the director, and the HR department is responsible for preparing statements. When the manager himself is responsible for reviewing applications and generating statements, he does not need an order.
- The extract must be prepared within 3 days from the date of application . Three working days is the maximum period for preparing an extract that the employer must meet. If an employee needs an extract urgently, he can personally ask the employer about it. The rule regarding the timing of providing an extract at the request of an employee is contained in Art. 62 Labor Code, paragraph 7.
Receipt of extracts from the work record book and its copies must be recorded in the accounting journal. In particular, the date of its execution and the person who requested it are indicated here.
The extract is issued free of charge: the employer does not have the right to demand payment for this document, otherwise he violates the law.
What it should look like: content
Since the extract may be required to be provided to various organizations, its content varies. For example, if an employee wants to use it to confirm work experience in a certain specialty, it will contain information certifying this fact.
The appearance of the statement (its form) is determined by the Labor Code, government Rules on maintaining books and unified requirements for the preparation of documents.
Excerpt appearance:
- the document is drawn up on the organization’s letterhead;
- in the right corner the details of the organization are indicated (name, legal form, address, etc.)
- in the center of the page the name of the document is written: “Extract from the work book”;
- further indicate the full name, position and other personal data of the person to whom the extract is issued;
- Below, in the table duplicating the labor table, information of interest to the employee is entered, observing chronology, indicating order numbers, etc.; in this case, you need to take into account the usual requirements for filling out a work book, listed in the Instructions of the Ministry of Labor approved. 69th Post., Government Rules approved. 225th Post. and TK;
- the sheets are numbered and stitched, each of them is certified by an employee of the HR department and the seal of the organization.
Extract from the work book - sample filling:
We certify the statement correctly
An extract is not an official document until it is certified. A sample extract from the work book is certified as follows. If all the data fits on one page, the signature of the authorized person and the company seal are placed on it. If the document consists of several sheets, they are stitched and numbered. The total number of pages is indicated at the end, on the last sheet, and the organization’s seal is also placed there. In this case, each sheet is certified by the signature of an authorized employee.
Step by step procedure: how to do
- The employee makes a written statement.
- The application is submitted to the head of the organization.
- Having examined the application and not finding any legitimate reasons for refusal, the manager issues an order to provide the employee with an extract. The order may indicate the personnel department employee personally responsible for issuing it.
- Having prepared the extract and certified it with his signature and seal, the OK employee issues the document to the employee.
The form of an extract from the work book is a form.
Can they refuse?
According to the legislation of the Russian Federation, they have no right to refuse to issue an extract from the employment record. The legality of employee rights is supported by the Labor Code of the Russian Federation (Article 62), which indicates an unlimited number of requests.
Regardless of whether this is done to get a new job or find a part-time job, a person has the right to apply for a copy as much as he needs.
By paying taxes in good faith and paying wages on time, the owners of their own business will not worry about the fact that certain people work for them.
Legal nuances
They consist of the employer strictly following the requirements of the Labor Code, which establishes the employee’s right to receive personal information free of charge and no later than three working days in the form of an extract from the work record book. In addition to the deadlines, the employer must comply with simple requirements for the preparation of this document, following from the unified rules of office work, Labor Code norms, and the requirements of the Government and the Ministry of Labor.
For the employee, the legal nuance of the procedure lies in knowing his right to receive a document . Since the filing of the application is associated with the start of a three-day period, he may insist on written confirmation by the employer of acceptance of the application for the issuance of an extract.
The employee must have an idea of how the statement is drawn up and what it looks like in finished form in order, if necessary, to request changes or corrections to it.
Where and why an extract may be required
An extract from the work record book may be required for a variety of purposes. But most often it is requested in two main situations:
- To register an employee’s right to receive subsidies and benefits when applying for various government benefits (most often, an extract is requested by Social Security authorities).
- To apply for bank loans , banks usually request an extract from the work record when analyzing the client’s solvency when issuing loans.
- When employed in another organization as a part-time worker.
- When receiving a foreign passport in order to enter information about employment for the last 10 years.
- During legal proceedings , the court may require information about the period of work with a particular employer.
An extract may be required in other cases: for example, when applying for a visa at the embassy, when going through the adoption procedure, etc.
Is the extract from the work book about the last place of work different from the “usual” one?
There is no fundamental difference when issuing such an extract, the only exception is that the text of the extract will contain a note that “the employee is currently working in the organization.” The document is sealed, certified and signed in the same manner.
Extract from the work book about the last place of work - sample:
The procedure for obtaining an extract from the work record book is regulated in detail by laws and instructions. The procedure is completely simple and not burdensome.
Despite the fact that the issuance should be done free of charge and within a short time , this cannot complicate the employer, and in practice there have not been cases of an employee abusing his right and demanding extracts every week. There is no reason to complicate your employment relationship by violating these simple instructions.
An employee may request that a work book be issued to him. In what cases and how this is correctly formalized is described in this article.
Responsibility for work books
A work book is a document that can confirm the length of service and work activity of an employee. The provisions regulating the rules for storing and recording these personnel documents are reflected in the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books.”
Management issues a book for an employee who has been hired at the main place and has worked for at least 5 days (Article 66 of the Labor Code of the Russian Federation). This rule applies if the document was previously missing. The work permit must be issued to its owner on the day of dismissal (or a notice of invitation to pick up the document must be sent by mail if it is not possible to hand over the document).
More information about what entries should be made in the book when terminating the employment relationship can be found in the material “Filling out a work book upon dismissal - sample” .
During working hours, all work books are kept by the employer. The manager or his authorized person is responsible for their safety.
Design example
This document can be handwritten or filled out on a special form. As for the form, it can have a standard form (an example can be found online) or be made specifically for a specific enterprise. The form for an extract from the work book can be downloaded for free on the Internet, and it looks almost the same for the Republic of Belarus, Russia or Ukraine. Whatever option is chosen, the extract from the work book must be signed by the employee. In most cases, it is drawn up on one sheet. If you had to use several pages, then you need to put a number and signature on each one.
The form of an extract from the work book must include the following information:
- name of the paper;
- name of the employer's company;
- employee position;
- Full name of the person issuing the document;
- Full name of the employee, as well as other personal data (specialty, date and place of birth, status);
- number;
- date of issue.
These are standard items that an extract from the work record book should include. Sometimes additional information may be required, depending on the grounds for its registration. Please note that the extract from the work book must include a line where it will be written that the employee is still working at a specific enterprise. At the bottom of the document, the person issuing it must indicate his full name and sign.