Grounds for issuing a duplicate work book. Employee statement
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).
Important! The introduction of electronic work books from 2021 will lead to the fact that paper work books and their duplicates will no longer be needed.
Reasons for receiving
Each person may need information about periods of work in completely different situations. You can confirm them using your work record. As a rule, this document is kept by the employer, so you often have to make a photocopy of it. So, a duplicate work book can be useful in the following cases:
- To register a pension at the Pension Fund;
- When obtaining a visa to travel to another country;
- To obtain a foreign passport;
- To create a resume;
- To obtain credit loans;
- In case of loss of a document;
- To adopt a child.
This list of situations is, of course, far from exhaustive. Typically, a copy is required by various government agencies or large financial organizations. Moreover, it may be in demand for a second job, for example, for part-time work.
Order to issue a duplicate work book. Actions of the employer to fill out a copy (duplicate)
Management is obliged to take all necessary actions to provide the employee with a new document within 15 days (clause 31 of Resolution No. 225), namely:
- Prepare a new TC form.
- Make correct entries in the TC.
- Issue an order to issue a duplicate. A sample order for the issuance of a duplicate work book can be downloaded from the link: Order for the issuance of a duplicate work book.
Expert opinion
Semenov Alexander Vladimirovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
You can read about how to correctly make entries in a duplicate, as well as find a sample of filling out a copy of a work book in our article “Sample of filling out a duplicate of a work book for 2021.”
The procedure for issuing a duplicate in the event of a massive loss of technical documentation
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 2021 will completely solve the problem of preserving employee data on work experience.
The article will discuss filling out a duplicate work book, which may be required if the original source document is lost. As an example, we will use samples from 2021, which will facilitate the visual representation of this document.
A copy will be issued no later than 3 days
Having received an application for a copy of the work record, an employee of the human resources department or another authorized employee (for example, an accountant) must prepare a certified copy of the work record. This must be done no later than 3 days after receiving the application (clause 7 of the Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).
It is better to make a high-quality copy. In addition, all certifications, seals and signatures must be legible. This will save the employee from troubles, and the HR employee from repeated manipulations to certify the work record.
A copy of the work record can be certified by the director or employee who, by written order of the head of the organization, is charged with certifying work records. The copy itself must be certified in accordance with the procedure approved at the legislative level (clause 3.26 of GOST R 6.30-2003, approved by Resolution of the State Standard of Russia dated 03.03.2003 No. 65-st). And from 07/01/2018 - on the basis of clause 5.26 of GOST R 7.0.97-2016.
Normative base
When filling out a duplicate work book, they are guided by the rules established by the Instructions for filling out work books. It was approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 and is mandatory for all employers, regardless of their form of ownership.
The book form contains the following information:
- personal information about the employee;
- data on working periods;
- information about awards and incentives.
When hiring, transferring, or dismissing, references to the documents that serve as the basis for this are required. When registering a duplicate, all this information must be transferred, except for the following cases:
- when the original copy contained invalid entries;
- records cannot be restored.
How to make a duplicate?
To obtain a duplicate work record book, an employee must contact the employer with a corresponding application. If the book is lost or damaged, then upon entering a new place of work, the citizen requests in writing the need to get a new book to replace the old one.
The HR department must review the application and issue a duplicate within 15 days from the date of the employee’s request.
Important! The employee is charged the cost of the form if replacement of the work book was required through no fault of the employer.
The employee has the right to request the production of a duplicate from the employer from his last place of work. However, he does not have the right to refuse such a request, citing the statute of limitations of dismissal. You should know that there is no statutory limitation period for this, so you need to demand a duplicate or go to court.
How to make an application
The form of application for receipt is not approved by law. The employee draws up the paper in 2 copies in free form on A4 sheet in writing or on a computer. The employee keeps one copy with a mark of receipt by the institution, and sends the second to the personnel service of the enterprise.
The institution has the opportunity to approve the format with a local administrative document.
Instructions on how to correctly write an application (copy of a work record book) include the following steps:
- Indicate the name of the employing organization, position and full name. leader.
- Indicate the position and full name. employee.
- After the above details, indicate the date and locality of the document generation.
- In the middle of the line below, write the word “Statement.”
- After that - the text of the appeal requesting a copy. The employee indicates (optional) the reason for the need. Failure to state a reason is not a basis for refusing to accept a paper from an employee.
- Upon completion of the text, the employee signs the appeal, deciphering the signature.
The sample looks like this:
GBOU DOD SDYUSSHOR "ALLUR"
Ivanov Ivan Ivanovich
from Petrov Petr Petrovich,
riding teacher
Moscow | 24.01.2020 |
Please provide me with a copy of your work book, certified in the prescribed manner (Article 62 of the Labor Code of the Russian Federation).
The employee fills out an application for the issuance of the original document in the same format with reference to Art. 62 of the Labor Code of the Russian Federation indicating the grounds. Today, the reason for the need is to formalize the assignment of a pension and confirm the length of service for it.
GBOU DOD SDYUSSHOR "ALLUR"
Ivanov Ivan Ivanovich
from Petrov Petr Petrovich,
riding teacher
Moscow | 24.01.2020 |
I ask, in accordance with Article 62 of the Labor Code of the Russian Federation, to provide me with the original work record book in order to obtain compulsory social insurance (security).
Procedure for issuing a duplicate
When issuing a document, the personnel service must adhere to the following order:
- Receive a statement from the employee requesting and indicating the reasons for issuing a duplicate work book. It is drawn up in any form addressed to the head of the organization. It is certified by the personal signature of the employee and the date of preparation is indicated.
- Based on the application, an order is issued for the organization, with which the employee who requested the duplicate must be familiarized with signature.
- It is the responsibility of the HR department to raise the appropriate records and restore the records. Such documents include:
- employee's personal file;
- orders for personnel, which reflect information about hiring, dismissal, relocation, etc.;
- employment contracts concluded with the employee;
- Additionally, a citizen's identification card may be required.
- A duplicate is issued to the applicant within 15 calendar days. Upon issuance, a note is made in the work record book and the signature of the person who received the document is affixed.
How to correctly fill out a duplicate work book in 2021?
When preparing a document, you must adhere to the following rules:
- there must be a “Duplicate” entry on the title page in the upper right corner;
- if the employee has previous places of work, the total total length of service in years, months, days from previous places of work is entered in the “Work Information” section. However, the job information does not indicate the name of the employer. The data is certified by the seal of the organization issuing the duplicate;
- after the line with the total length of service, records of work with the employer drawing up the document are entered in chronological order;
- the organization issuing the duplicate indicates the last working period is the one that the citizen worked in it;
- all entries must correspond to the documents on the basis of which they were made, i.e. be trustworthy;
- The document is filled out with a ballpoint, gel or fountain pen with dark ink (black, blue, purple).
It is important to note that the Rules for maintaining and storing work books place responsibility for their safety on the employer. If a situation arises in which their mass loss occurs, for example, in the event of a fire, then a duplicate is issued on the basis of a commission act. The presence of representatives of local authorities and the employer is mandatory.
Work experience with this employer can be confirmed by certificates, a union card, as well as testimony of witnesses - colleagues of two or more people.
From a book that is in a dilapidated condition, partially torn, burnt, but the entries can be read, they are accurately copied into a duplicate. In this case, on the title page of the old book, a note is made: “A duplicate was issued in exchange.”
A duplicate work book is a document confirming the citizen’s labor activity, along with the original document. But obtaining it may require a lot of hassle and time. Therefore, it is recommended to be more careful about the original.
It is the work book that is proof of the fact of work and a necessary document when applying for the exercise of your pension rights.
The need to obtain a copy of the work book may arise from its owner for various purposes - to recalculate a pension or register social benefits and payments, obtain a loan from a financial institution, file a complaint with the Labor Inspectorate, to confirm work experience in a specific position, etc.
How to get a copy of the work book, who is authorized to certify the document, in what form the owner needs to write an application for a copy of the work book, and within what period the employer must provide the required document, read in this review.
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.
NOTE. Many organizations, especially banks, have very strict requirements for them. So, the stamp should be placed exactly on the copied field (and not in the empty fields of the paper). And if it is made without a title page, then the document is also considered invalid.
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.
Copy of the work book: basic information about the document and its status
When applying for a job, an employee submits his work record book to the employer as part of the mandatory package of documents provided upon employment. From this moment on, responsibility for the storage and safety of the document rests with the employer.
Expert opinion
Semenov Alexander Vladimirovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
The original Labor Code is kept in the organization, and until the moment of dismissal it is handed over to the employee only in one case - for the purpose of his compulsory insurance (Part 1 of Art.
- What should an employee do if the employer has lost his work book?
- Work book for transfer to another position: sample 2021
- Work book certified by the employer for the bank: sample 2021
- Validity period for a copy of a work book for a bank
- Information about disciplinary sanctions in the work book
- The employee does not want an electronic work record book
- Example and procedure for filling out an electronic work book
62 of the Labor Code of the Russian Federation), and if there are circumstances requiring confirmation of the information specified in the work book, the employee is given a certified copy or extract.
There are two types of copies of TC, each of which has its own status, these are:
a copy of the work book, written out on an official form - a duplicate, is issued in replacement of the lost (lost, damaged) work book and has the status of the main document confirming the employee’s length of service;
photocopied copy of the work book - created by copying a document using a copier and certified by an official or employer with a round seal. It is a one-time document, which is issued to be provided to the recipient who requested the document.
A photocopy of the work book must contain all the information reflected in the original document, in the same sequence and chronology, including not only records of length of service, but also information about awards and incentives.
When preparing a photocopy, the HR employee or the employer directly must certify the document:
on each photocopied page a note is made: “Copy is correct,” and the artist’s signature is affixed;
on the last page of the copy, an entry is made: “The copy is correct, on ... pages,” after which the document is certified by the executor’s signature and seal, and the date of its issue is indicated.
A copy of the Labor Code (duplicate), issued to replace the lost one, can be issued without restoring the chronology of the experience (where the company issuing the duplicate Labor Code will be recorded in position No. 1, and information about the previous experience will be summarized, with a footnote “according to the full name (owner) "If the owner presents documents confirming the presence of previous work experience, information about him can be entered in a duplicate, with a footnote to the presented document (certificate of work experience, extract from the order).
The entry made is certified by the seal of the organization that made the entry in the copy of the Labor Code. The original document on the basis of which the entry is made is pasted on the last page (cover) of the TC.
When issuing a duplicate, the official who issued the document puts the inscription “Duplicate” on the title page and certifies it with his signature. An entry is made on the inside cover: “The duplicate was issued on the basis of ....”. The entry is dated, signed and sealed.
The basis for issuing a duplicate are certificates from structures confirming the loss (issued by the city department of the Ministry of Internal Affairs after the fact of registration of the theft or statement of loss of the TC), loss (certificate from the Ministry of Emergency Situations about fire, flooding, etc.).
Rules for copy certification
In order for a copy of the document to serve as confirmation of the official employment of an employee for a bank or other institution, it must be properly certified. Each sheet should be signed by the personnel officer or director of the enterprise with a transcript and mandatory indication of the position. They also put the seal of the organization.
Each page is certified, and on the last line there should be wording written in blue pen confirming that the employee continues to work at the present time. For the bank, this is confirmation that the potential client has not been fired, he is working and receiving official income.
The work record book is transferred to the employee only at the time of dismissal from the organization, and upon subsequent employment it is again transferred to the personnel service.
Please note that starting from 2021, when certifying a copy, you must indicate where the original of this work book is located.
The procedure for issuing a copy of a work book in the regulatory regulations
Issuance of a copy of the work record book to the employee, in accordance with Part 1 of Article 62 of the Labor Code, as well as paragraph 7 of the “Rules for maintaining and storing work records ...”, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003, is carried out within three working days from the date submission of an application by the employee.
According to the above regulations, in order to receive a copy of the document on work experience, the employee is required to submit a written application to the head of the enterprise to receive a copy of the work record book (see sample application below).
An application for a copy of the Labor Code is not included in the album of unified forms, which gives employers the right to establish their own sample of its writing or accept applications written in free form.
At the same time, there are a number of requirements for the form in which the application must be written. So, in addition to the applicant’s full name, it must include:
the reason for issuing a copy of the TC;
date of application;
details of the document providing the basis for issuing a duplicate (relevant for lost TC).
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.
Why write a statement?
The work book is a strictly recording document, therefore certain norms and rules have been developed in relation to it, including those regarding maintenance and storage.
After an employee is hired, he submits his work record book to the company’s human resources department. Here all the necessary information is entered into it and here it is part of the employee’s personal file and is stored until his dismissal.
Responsibility for its contents and safety usually lies with a specialist in the personnel department, who has no right to either make any “extra” entries into it or hand it over to anyone, even the owner. If the latter needs to provide information from it to any authority, the personnel officer must make a copy or extract from the work book.
But the trigger for starting this process is a written statement from the employee.
How to get it: step-by-step instructions
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).
NOTE. Often the procedure is completed with a delay. Therefore, if we are talking about urgent cases, it would be right to worry about registration in advance and it is better to stock up on several copies at once. This is especially useful when applying for loans from several banks at once.