What to do if you lost your work book - responsibility and statement

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Published: 06/20/2018

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As is the case with other basic personal documents of a citizen, the loss of a work book requires a painstaking procedure for its complete restoration. In this case, restoration means the procedure for issuing a duplicate form of a document recording labor activity and length of service, as well as entering into it the corresponding records of facts of employment in previous places. Let's consider what is the procedure for restoring a work book if it is lost by the owner or the employing company.

• The procedure for restoring a work book if it is lost by an employee or employer
• Where can I go to get my employment and length of service record form restored?
• Methods for restoring a work record form

Rules for the maintenance and storage of labor

In accordance with current legislation, the work book is included in the list of strict accounting forms. This means that you need to treat it with extreme care and attention, preventing it from falling into the wrong hands. This is due to the fact that based on the entries made in the labor record, the employee’s total length of service is subsequently calculated and a pension is calculated.

During the period when a person is officially working, the work record is kept by his employer under the supervision of a personnel specialist or secretary.

At this time, this employee bears full responsibility for the document, including financial, i.e. if the work record suddenly disappears, the company representative will restore it at his own expense.

However, sometimes the labor document ends up in the hands of a citizen. This happens, first of all, when he is unemployed or for some reason is forced to take work from the employer. It should be noted that in most cases, to provide information from the employment record at the place of request, it is enough to take a certified extract or copy of the book from the place of work, but as for some government agencies, for example, the Pension Fund or bank credit institutions, they often only ask for the original document .

And during this period, no one is insured against loss of employment or its loss (the latter may be associated with some emergency circumstance - fire, flooding, accident, etc.).

There is no penalty under the law for the loss or loss of a document, but its restoration is primarily the concern and responsibility of its owner.

In this case, even partial damage to the work book - burning, lack of sheets, indelible dirt, etc. serves as the basis for replacing it and obtaining a new form.

Procedure for issuing a duplicate

A duplicate is a new work book form in which the necessary entries have been made. The procedure for entering them is regulated by the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Filling out the duplicate is carried out according to the following rules:

• On the first page (title page) in the upper right corner you need to write the word “Duplicate”.
• FULL NAME. and education of the employee are indicated as of the time of filling out the duplicate. There is no need to provide previous data. For example, if during the period of work an employee changed her last name due to marriage, a duplicate is issued under the new last name.
• It is necessary to make a record in the work book about the total length of service with previous employers, as well as detailed information about previous places of work based on the documents provided by the employee;
• The last entry to be made is the current place of work.

Within what period must the employer issue a new book?

After the application leaves for its destination, a new work book must be issued within two weeks. But the collection of previous records should be carried out by the person through whose fault the loss of the previous document occurred. If it is the owner himself, then you need to go to the former places of work and ask them to put the necessary stamps on the work record. If the loss occurred through the fault of a company employee - during the period when the book was in the safe custody of the employer - he must take care of its restoration.

“Loss” of a former employer - what to do?

There are often cases when the owner of a work record book, at the time of registration of its duplicate, finds out that the organization in which he once worked was liquidated. For him, this means that this enterprise no longer exists as a source of supporting documents for making entries in the book. What to do in this case?

First of all, you should find out that your employer was actually liquidated and not reorganized, simply changing its name, or undergoing any other change (merged with another organization, entered as a division into a larger structure, or, conversely, became its branch). If this turns out to be the case, then the new enterprise, being the legal successor of the old one, is obliged to give you everything you need.

If it turns out that your organization no longer exists, then submitting a request to the archive, where liquidated organizations must submit all their documentation, will help you resolve the issue with the lost book. A certificate from the archive is a convincing argument for making the necessary entries in the work book. If the necessary information is not found in the archival institution, the owner of the book will have to send an application to the court with a request to recognize the fact of working in this company, with the support of at least two witnesses.

How to formulate a statement, features of the document

If you are reading this article, then you are probably faced with the task of drawing up a statement about the loss of your work book. Before providing you with a detailed description of the document, we will give some general information that is relevant to all such papers.

1. First, keep in mind that almost any application today can be written in any form (with the exception of those submitted to government agencies - where you usually need to fill out unified forms). Of course, if the employer requires you to formulate an application using the template he provides, you should use this method.
2. Secondly, a regular sheet of paper of any format convenient for you is suitable for the document - preferably A4 or A5. The application can be written manually or typed on a computer, but it is advisable to immediately check with the personnel department which option they need - printed forms are not accepted everywhere. If you have made an electronic text, you need to print it out in any case - this is necessary so that you can put your signature on it.
3. Make the application in two copies - give one of them to the employer’s representative, keep the second for yourself, having previously secured a mark on it that you have received a copy. In the future, such a precaution may help you - for example, if an employee of the HR department states that there was no statement about the loss of employment and refuses to issue a duplicate.

When applying for a new work book, pay attention!

The registration of a new work book is carried out by the employer in the presence of the employee no later than a week from the date of hiring.

When applying for a new work book, it is mandatory to receive a written statement from the person applying for work indicating the reason for the lack of a work book.

In this case, the reason for the lack of a work book can be any, and the employer, having received a written application, does not have the right to refuse the employee to issue a work book. The employer is obliged to issue a new work book only for an employee who has worked for him for more than five days and if the work for this employer is the main one for the employee (Part 3 of Article 66 of the Labor Code of the Russian Federation, paragraph 3 of the “Rules for maintaining and storing work books ...”, approved by the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”).

Some personnel officers believe that if an employee goes to work for the first time, then the employee should not write an application asking for a work book, since Part 4 of Article 65 of the Labor Code of the Russian Federation does not require this.

But let me ask: How can a personnel officer find out whether an employee is getting a job for the first time or not?

I believe that only after receiving a written statement.

Therefore, in my opinion, it would be correct to request from the employee a written application for the issuance of a new work book in the event of its absence for any reason.

It should also be remembered that the employer is obliged to constantly have in stock the required number of work book forms and inserts in it (clause 44 of the “Rules for maintaining and storing work books...”, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”). An employer does not have the right to require an employee to buy a work book on his own.

When issuing a work book to an employee, the employer charges him a fee, the amount of which is determined by the amount of expenses for its acquisition.

Sample application for loss of work record

Now we come to the main part of our article - the example. It must be said that this document is not particularly difficult to draw up - based on the sample presented below, you will be able to write your application without any problems.

So, in order. At the beginning of the document, indicate to whom you are addressing it: here you must indicate the position, full name of the head of the company in which you work (or worked), as well as the name of the organization itself. Next, enter your details - also your position and full name. Then, in the middle of the line, write the word “statement” and put a period.

From a new line, inform the employer about the actual loss of the work book. It is not necessary to write the reasons for the loss - there is no such requirement in the legislation. Further referring to Art. 65 part 5 of the Labor Code of the Russian Federation, ask to issue a new labor document. Finally, sign the document and hand it to the responsible employee.

If the employer is renamed

Changing the name of the employer will not be an obstacle to issuing a duplicate work book for the last place of work. In this case:

• the employer fills out a duplicate and indicates the new name on the title page and affixes a stamp;
• in section 3 “Work information” you must indicate information about the old name of the organization;
• a record of a name change is made in chronological order. If the name change occurred after the dismissal of the employee, the entry is made last in section 3, while in section 4 the name, number and date of the document on renaming are indicated - as a rule, the decisions of the participants or founders, owners of the organization’s property.

Sample record of renaming: “Limited Liability Company “Theta” was renamed Limited Liability Company “Theta Plus” on June 1, two thousand and nineteen.”

How to restore a book if an organization is liquidated?

If the organization is liquidated, you must contact the archive. A certificate will be issued with all the information. Invalid entries will not appear on the certificate. If the organization has been reorganized, you need to contact the HR department.

How to restore records if you lose your work book?

When restoring, the data is entered without abbreviations, in accordance with the rules and instructions established by law. To fill out the duplicate, use a pen with black, purple or blue ink.

When restoring a document, you must comply with:

• Correct writing order;
• Reliability of information.

All entries are made in the state language.

Who restores the book?

Restoration responsibilities are assigned to the last employer if the citizen writes an application for a duplicate. The citizen himself decides who to consider as his last employer. The loss or damage of the book can be reported when applying for a new job; in this case, a duplicate must be issued by the new employer.

Recovery time

Even if the document was lost due to the fault of the employee, or after dismissal, he must go to his last boss, who, in turn, will refer the former employee to the personnel department. Recovery time is 15 days (calendar). The citizen must sign for the new document.

The employee lost his work book

Consider the following situation: an employee, having quit his job and received a work book, successfully loses it. What should an accountant do for an organization where such an employee has come to find a job? First of all, you need to request an application from him to draw up a new work book due to loss (damage, damage, etc.). It is formatted like this:

General Director of Valentino LLC Skorokhodov D.B. From call center operator E.P. Dubova

Due to the fact that during the period before concluding an employment contract with Valentino LLC, I lost my work book, and on the basis of Part 5 of Article 65 of the Labor Code of the Russian Federation, I ask you to issue me a new work book. I know that I am obliged to pay the cost of the work book form.

E.P. Dubova December 26, 2011

Please note: such an application is submitted by the employee, and not the candidate for the position. This means that you first need to conclude an employment contract with this person, despite the fact that he does not have a work book in his hands.

After the manager endorses this application (if this is provided for by the document flow system established in the organization), and the employee pays the cost of the work book form, the accountant can begin filling it out. It should be taken into account that in this case we are not talking about issuing a duplicate (clause 31 of the Rules for maintaining and storing work books*, approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225), but about issuing a new work book to replace the lost one (last paragraph Article 65 of the Labor Code of the Russian Federation). This means no information about total length of service, etc. there is no need to enter it into the book - it is filled out in the same order as for an employee entering work for the first time.

The fact that the employee’s application has been fulfilled will be confirmed by his handwritten signature on the title page of the work book. Therefore, there is no need to take a receipt from the employee for the issuance of a new work book.

Where to contact

Both the employee and the employer have three options for obtaining a duplicate:

1. Pension Fund. By contacting the Pension Fund, an employee can receive an extract of all previously held positions in the Fund’s database. Then go around all the enterprises to collect supporting orders, financial statements and contracts.
2. MFC. Multifunctional centers are the most convenient option. The employee only needs to come to the MFC and write an application requesting a duplicate. The Center will make a request to obtain certificates from the State Archives. But if the organization did not take care of submitting documents to the archive, then it will not be possible to receive documents through the MFC.
3. Private legal organizations. The services of such organizations are quite popular today. Citizens do not have to knock on doorsteps of offices, deal with paperwork and bureaucracy. Lawyers will do everything. To do this, the employee submits an application to the legal organization and pays for the services.

Unfortunately, the services of private organizations are expensive, and the State Archive does not always have all the necessary information, so employees often have to look for certificates for pension funds on their own. The employee can also ask for help from the employer, who will entrust the search for documents to the HR department.

By the way, you can make a request to the archive yourself, but such a service is expensive. Often the State Archive has to be used in cases where an organization or enterprise has been liquidated. According to the law, after liquidation, all documentation is handed over to the archives and stored for another 75 years.

Restoring the book is also possible through the court. But this option is even more painstaking and involves a lot of bureaucratic red tape with the involvement of lawyers, so you should resort to court in the most hopeless situations.

What does the Recovery Act say?

Firstly, the law requires that every employee have a work book. Without it, official employment is impossible. Secondly, according to official terminology, during restoration we are talking about issuing a duplicate, although in essence they are the same thing.

Loss of labor is regulated by two regulatory documents - Government Decree No. 225, paragraphs 31 and 32 of 2003, and Ministry of Labor Decree No. 69, paragraphs 7.1 and 7.2, also of 2003.

At the same time, in the new book, at the top of the page, there will be a mark that this is a duplicate, and the confirmed experience will be summarized and written down in one line indicating the number of years, months and days.

Duplicate for a former employee

Let's continue the topic of lost work records. In principle, an employee who, after being fired, suddenly discovered that his work record has “gone somewhere”, has an alternative behavior option to the one described above. He can contact his former employer and demand that he be given a duplicate work book. According to paragraph 31 of the Rules for maintaining and storing work books, the employer is obliged to issue this duplicate.

Obviously, the application for a duplicate must be in writing:

Director of Saragon LLC Petrov N.I. From Dubova E.N.

In connection with the loss of the work book, during the period after dismissal from the position of a call operator and before employment at another place of work, on the basis of clause 31 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, I ask you to give me a duplicate work book. I know that I am obliged to pay the cost of the work book form.

E.N. Dubova December 26, 2011.

Based on this application and documents available in the organization, the accountant must prepare a duplicate work book within 15 days. The procedure for registering a duplicate is spelled out in sufficient detail in the legislation, so we will not dwell on it in more detail. Let's just say that the accountant must strictly follow the letter of the law and enter into the duplicate only the information that is available in the documents. No additions, corrections, etc. You cannot do this, even if the error (for example, in an article or paragraph of an article) is obvious. Everything that is in the documents must be exactly - word for word - transferred to a duplicate - that is the law!

When handing over a duplicate to an employee, do not forget to take a receipt from him for receipt. This can be done directly on the application - have the employee write in his own hand (at the bottom or on the back): “I received a duplicate of the work book in person,” put the number and signature.

Erroneous entries

Probably every accountant who has had to deal with personnel work knows that entries made in the work book by mistake can be corrected by declaring them invalid. But for many, it comes as a surprise to the rule that any employee in whose work book there is an invalid entry related to dismissal or transfer may require a replacement work book. Meanwhile, such a right is granted to the employee by clause 33 of the Rules for maintaining and storing work books.

Accordingly, if, for example, upon dismissal, an employee sees in his work book an entry made by mistake (and declared invalid) about a transfer or dismissal - you must admit, anything can happen and no one is immune from mistakes - then he can ask to replace such a work book with a duplicate . However, one oral request is not enough in this case - paragraph 33 of the Rules for maintaining and storing work books directly refers to a written statement.

For example, it might look like this:

To the director of JSC "Vask" Nurin P.S. from senior economist O.P. Durgilieva

Due to the presence in my work book of a dismissal record that was declared invalid, and on the basis of clause 33 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, I ask you to give me a duplicate of the work book.

Durgilieva O.P. December 26, 2011.

Please note that in this case, the employee, by virtue of the direct instructions in paragraph 48 of the Rules for maintaining and storing work books, is not obliged to pay the cost of the work book form.

The duplicate itself in this case is drawn up on the basis of the “damaged” work book by transferring “word for word” all existing entries into the new work book (except, of course, those that served as the basis for issuing the duplicate). After issuing a duplicate, it must be issued to the employee simultaneously with the “damaged” work book. Do not forget to take from the employee a receipt of their receipt with the following content: “I received a duplicate of the work book, as well as a work book in which there is an entry about the dismissal, which was declared invalid. Number, signature."

*Full title of the document – ​​Rules for maintaining and storing work books, producing work book forms and providing them to employers.

Source: BukhOnline.ru Author: Alexey Krainev, tax lawyer of the “Accounting Online” portal

Quote (Flashka-T): Hello! Thank you for the article. Can you help me figure out what to do with my work record? On the title page, the incorrect entry of the patronymic name is not crossed out, but rather ERASED and CORRECTED. On page 1 of the cover it says “Believe the Corrected.” Seal. Signature. Date of. These corrections were made by the organization that ISSUED the work book in 1984. I understand that big problems await me when applying for a pension, which is just around the corner. *Is my work book valid with such corrections (by the way, there are others in the work information)? *Is it possible to issue a duplicate? *Wouldn’t it look strange that I would have to write out a duplicate for myself, because... Now I work as a document manager and am responsible for maintaining work records?

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