Do you need a work book to apply for a pension: how to confirm your work experience, can it be restored, can they refuse to provide a pension

How to restore your work experience? The question is not simple, but it is a solvable problem for the future retiree.

Our pension lawyer will help with the issue of early retirement, explain the procedure for recalculating old-age pensions, help collect documents, draw up a claim and represent your interests in court and the Pension Fund of the Russian Federation.

What is required to damage work experience?

The work book is the main document that is necessary to confirm work experience. It clearly states where and during what period of time you worked. However, even if this document is not available, you will be able to prove that you worked. At the place of work, a person may be issued other documents:

• extracts from the relevant orders;
• certificates confirming the fact of work in the organization and the amount of remuneration;
• statements;
• labor agreements, where there is a mark on their implementation;
• trade union membership tickets;
• other documentation containing information about periods of work.

The work book, according to Russian legislation, is the main document confirming the employee’s work experience. However, situations very often occur when the employer does not properly fill out the work book, makes entries not in accordance with the law, or makes inaccurate entries. The periods of work indicated by such records will not be included in the length of service.

ATTENTION : such inaccuracies should not lead to a violation of the employee’s constitutional rights, that is, the constitutional right to receive a pension. In this case, you can protect your rights in court. If the pension fund accepts periods of work experience, the pension will be assigned in a smaller amount.

Request for confirmation of work experience

When calculating a pension, all places in which a person worked are taken into account. There are often cases when an organization no longer exists, or it has changed its name more than once and disintegrated, or merged into different structural divisions. What to do in this situation and how to restore your seniority?

When it happens that your years of experience were not counted for a certain time, you should go to the pension fund, where they will provide assistance in drawing up a request and sending it to the archive. The answer usually comes within a month in the form of an archival certificate, which is enough to make a recalculation.

When determining the size of the pension, the length of service is first taken into account. It is its value that determines what pension a citizen will receive. But who should make a request for confirmation of experience and how to do it correctly?

Working with the archive to restore work experience:

A request for confirmation of work experience is submitted by a representative of the Pension Fund. The specialist sends the appropriate document filled out according to the established template. The response to such a request comes within 10-15 business days. For more information on the issue of requesting a pension fund and assistance from a lawyer in this area, follow the link.

Restoring a book through the Pension Fund of Russia

Restoring a document through the Pension Fund is the easiest option. This is a free and quick procedure. Let's look at the recovery steps:

1. Drawing up an application for restoration of the Labor Code.
2. Submitting an application in person or by registered mail.
3. After 10 days, the Pension Fund sends a response indicating the period of the employee’s work, his length of service and the companies in which the person worked.

IMPORTANT! Restoration through the Pension Fund is a method that has limitations. Personal records in the fund began to be kept relatively recently, and therefore not all data can be obtained this way. In particular, the Pension Fund stores information only for the last five years.

Can witnesses confirm your work experience?

It also happens that, due to various reasons, the data from the archive has not been preserved, then it is enough to contact former colleagues who can confirm that they worked with you, however, it is possible to confirm periods of work with witness testimony only in relation to those periods of work that were before registration citizen as an insured person in accordance with the Federal Law “On individual (personalized) registration in the compulsory pension insurance system.”

Restoration through the state archive

This method is relevant in the following circumstances:

1. Previous places of work are closed.
2. The Pension Fund does not have the required information.

In all other situations, it makes sense to use other methods, since restoration through an archive is a labor-intensive procedure. To obtain the required information, you must submit a written request. However, you need to be prepared for the fact that the answer will not come soon.

IMPORTANT! If an employee worked on a rotational basis, then requests must be sent to regional archives.

Requesting documents to the employer

It happens that a person simply lost a document. How to act in this situation, how to restore your work experience if you lose your work book? Option one is to take a copy of the document. If the document is lost, the person goes to the last organization in which he worked to obtain a copy. If this organization is the first in the track record, no problems arise, but if the person previously worked somewhere else, then he submits documents, based on which a record is made of the total time of work experience, without indicating the names of the companies.

Procedure

To restore the TC you will need the following papers:

• An empty TC and an insert for it, if necessary.
• Employment contracts from previous places of work.
• Orders of dismissal, appointment of an employee, etc.
• Certificate from the Pension Fund of Russia.

It’s good if a person has a copy of his work record. It is required to be certified by the HR department each time you change jobs.

This is important to know: Medical experience is interrupted: in what cases (2021)

The first step to restore a document is to draw up an application to the employer. The law does not provide clear instructions on how to prepare this application. It is drawn up in free form. Sent to the HR department of the last place of work. The new work book is issued by the employer on the basis of documents provided by the employee. You can confirm your activities and length of service using employment contracts and appointment orders. You can obtain documents from your previous places of work. To confirm your work experience you will need a certificate from the Pension Fund.

IMPORTANT! To confirm your experience, you will need original documents.

ATTENTION! A person can take care to simplify the recovery up front. To do this, you will need a copy of the work book, certified in accordance with all the rules. If the document is certified, the entries from the copy are simply transferred to a new book. The employee will not have to run around to their former places of work. This is the best option, since, with a lot of experience, not all records can be restored. Some jobs may simply no longer exist, as companies tend to close.

Reinstatement of work experience in court

In some cases, confirmation of work experience can be achieved through legal proceedings. For example, a citizen knows for sure that he worked for 20 years, but a representative of the Pension Fund informs him that, according to an official request, he worked only for 18 years. This very often happens because the work book contains inaccurate information.

There are also situations that require the reinstatement of seniority in court if the manager refused to issue a duplicate or if there is no archival data in the organization. There is a certain procedure for how to restore work experience through the court: a claim is filed and acts confirming the conduct of labor activities in the organization (contracts, financial statements, union card, witness statements).

When confirmation of work experience for a pension is carried out through the court, the main evidence is the testimony of witnesses. It is also necessary to collect documents that would confirm that you worked in the organization. This could be, for example, some kind of agreement with your signature. The better you prepare for your trial, the more likely you are to win.

The process of restoring the length of service for a pension takes a lot of time, so for now you can take a deferment from the pension fund for three months, and when all the documents are ready, receive the amount, taking into account the recalculation, for the entire period at once. Or there is a second option - agree to the assigned payment and, upon presentation of all missing documents, receive the current payment from the new month.

USEFUL: watch the video on how to file a lawsuit, write your question in the comments of the video

Is it possible to restore a work record?

What should those who accidentally lost their work book , full of important information about their work experience, do or spoil it? The answer is simple: restore the document. It is advisable to start doing this as soon as possible, immediately after you discover that the paper is no longer with you.

The process of restoring the document we are considering from start to finish is regulated by special rules

The labor reinstatement procedure is regulated by a set of rules on:

• maintaining and storing a similar category of documents;
• production of forms;
• providing the required forms to the employing organizations.

The required rules were approved by Government Resolution No. 225, as well as by the Instruction, which is a guide to filling out work books, issued by the Ministry of Labor of our country, and approved back in 2003.

According to these two lists of rules, a citizen who has lost his work book (or has damaged it, and the document is now impossible to use) has the right to have a duplicate made , which will also include information about the work activity of this person.

Interesting information

The first thing you need to do to obtain a duplicate is to notify the last employer you had of the loss of the document by submitting a statement to him about the loss of your work book. Within 15 days from the date of receipt of the application, the organization will produce and issue you a duplicate, which will contain information about:

• his total work experience;
• available awards;
• incentives;
• reprimands.

You can issue a duplicate using the documents confirming your work experience and other merits indicated in the list below

When preparing a duplicate, the following documents will be used as evidence of experience:

• orders of a manager indicating the enrollment of an employee on the company’s staff;
• employment contract;
• personal accounts or salary statements of a citizen;
• certificates received from the Pension Fund;
• reporting in the SZV-K form;
• other official documents that could confirm the citizen’s work activity.

Provided that the enterprise in which the citizen was previously registered closed and was officially liquidated , the information, as we mentioned above, which was stored by him, will be transferred to the archive or another successor company. You need to find out who is now exactly responsible for storing information, and go to the address of its location.

A request to receive a duplicate in the archive is drawn up in a free format, taking into account certain rules for its execution. So, for example, inside the application it is necessary to indicate:

• Full name of the person receiving the duplicate;
• the time period during which the person worked at the enterprise;
• the purpose for which you are requesting data in the archive;
• contact information through which representatives of the organization can subsequently contact you.

Obtaining a duplicate is also possible if you have not lost, but simply damaged the original document

It is also worth mentioning that if the work book was damaged, you can also receive a duplicate. At the same time, in order to speed up the process of its registration, bring the damaged document to the personnel department of the last employer, so that its employees simply re-register all the information in a new book . Provided that any parts of the text inside this book cannot be read, since one or another segment of it is very damaged, it will be necessary to collect and submit additional supporting documents.

If the document was damaged due to the negligence of employees of the employing organization, and not by the person himself, then the issuance of a duplicate is accompanied by a preliminary meeting of a special commission, which includes:

• representatives of the organization you work for;
• persons representing the executive branch;
• members of various teams;
• trade union members.

In this case, the employee does not have to write an application for the restoration of the book, nor provide any necessary certificates; representatives of the employing organization, which is guilty of damaging the paper, take on all the worries.

Try to find witnesses who could confirm that you worked on the basis of a particular organization

If documentary information is not found to restore the book in this case, the employer will be obliged to find witnesses (at least two people) who will testify about when the person worked and worked in the organization. After interviewing and recording data from the collected documents, the commission will have to draw up an act in which the entire accumulated mass of information will be reflected, and on its basis a duplicate will be issued.

Please note: on the first page of the confirmed book, transferred to the HR department for rewriting the information, a mark is placed indicating that a duplicate was issued, and that the number and series of the old copy were also recorded.

Restoration and confirmation of preferential work experience

It is worth noting that in addition to the general work experience, there is a special work experience that will allow you to receive a preferential pension. It is worth noting that preferential professions for retirement are established by law; these include professions associated with particular complexity, harmfulness or special social importance of the profession. In particular, there is a list of teaching positions for a preferential pension. Unfortunately, very often the pension fund refuses to grant an early pension. The reasons for this can be very diverse, for example, incorrect names of professions in the work book (not corresponding to the law), lack of supporting certificates.

ATTENTION: watch the video about the assignment of preferential pensions to teachers, medical workers, lists No. 1, No. 2, and also subscribe to our YouTube channel. Then you will be the first to see new videos and will be able to ask a lawyer a question in the comments for free.

There is also a preferential pension for medical workers, which is due upon completion of the length of service specified by law. An important factor is that a preferential pension is provided not only to medical workers performing medical activities in public health care institutions, but also to medical workers of organizations that were previously state/municipal, but as a result of reorganization came under the management of private organizations. Often in this case, the right to receive an early pension is violated by the pension fund and you have to defend your rights through the courts.

There are common cases when medical workers carry out medical activities simultaneously with scientific activities and work not in medical organizations, but in scientific research institutes or other organizations whose main activity is science. However, even in this case, the medical worker has the right to a preferential pension, which is also often ignored by the pension fund.

The process of confirming preferential work experience in court is essentially similar to confirming general work experience, but sometimes it is difficult to independently collect evidence of work giving the right to a preferential pension.

What information must be included in the claim?

At the very beginning, the name of the court department where the petition is sent is written. You must also provide the address and site number. Next, information is provided about the plaintiff and the defendant, who will be the Pension Fund of the Russian Federation, if we are talking about length of service for calculating a pension. In addition to the full name and name of the organization, you need to enter the address and contact information. Then comes the name of the claim itself, then you can list the circumstances that led to the need to file an application:

• since when the plaintiff has been a pensioner and what kind of pension he receives (old age, with additional benefits, etc.);
• what confirms the length of service on the basis of which payments are calculated (usually this is a work record book);
• what length of service is indicated in the Pension Fund documentation and why it was not included in the payment calculations;
• what arguments do representatives of the Pension Fund give to justify the refusal to add the controversial period of holding a position to the length of service;
• on what grounds does the plaintiff disagree with the arguments of this organization (provide detailed references to legislative norms);
• Have any attempts been made to resolve the problem out of court? If so, describe them.

When preparing references to laws, it is better to contact an experienced lawyer. He has a better understanding of the provisions of the Civil and Labor Codes, knows federal legislation and other special regulations. Additionally, you will have to study the Government Decree regulating these legal relations.

When proving the need to change the length of service, focus on the content of inaccurate data in the work book. Therefore, the actual period of labor activity should be determined on the basis of various certificates and extracts confirming the payment of wages, on the basis of orders for hiring or dismissal from a position, etc. Sometimes such documents cannot be obtained because they are lost and cannot be restored. It happens that papers are lost due to careless storage or a natural disaster, and sometimes they are destroyed intentionally during the liquidation of an enterprise. In this case, the statement of claim must include the testimony of witnesses.

However, this will require evidence that the company where you worked was liquidated or the papers were lost. Additionally, ask to invite witnesses to court, taking into account their testimony. Or attach to the claim a written confirmation of their words, certified by a notary. Then you can move on to presenting your claims.

Lawyer for reinstatement of work experience in Yekaterinburg

If you have any difficulties confirming your work experience in the pension fund, then we recommend that you contact our pension specialists. A competent specialist knows what documents and how to request from the employer; in particular, in addition to a clarifying certificate, it would not be superfluous to request job descriptions, as well as information about wages and contributions made by the employer to state funds.

Even if you cannot request the specified documents, you should not consider the case lost, since for preferential professions there are often standard job descriptions established by the Ministry of Labor, which you have the right to refer to to protect your rights.

Now you know how to confirm your work experience, so you won’t have any difficulties with this issue. The main thing is to take into account everything that is written above or call us, we will help you solve your problem: professionally, on favorable terms and on time.

What documents are needed to satisfy the claim?

Make copies of all documents you have, have them certified by a notary and attach to the application. This list includes:

• copies of the claim according to the number of parties involved in the case;
• confirmation of payment of state duty (original);
• work book with information about positions held;
• results of communication with the defendant at the pre-trial stage;
• salary certificates from bank accounts;
• information from the archive and other papers confirming your case.

At the end of the application, the signature of the plaintiff and the date of application to the judicial authorities are placed.

• For residents of Moscow and Moscow Region:
• Other regions of Russia:

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Consideration of the case in court

After accepting the application for proceedings, the court schedules a hearing. At the preliminary stage, the court will evaluate the evidence already presented and pay attention to the need to present new ones. If a dispute about the right is discovered at any stage, a decision is made to leave the application without consideration. For the applicant, this means the need to file a claim.

The court's decision based on the results of consideration of the application to establish the fact of work (after entry into force) will become the basis for the occurrence of the legal consequences that the applicant expects.

Application example

STATEMENT ON ESTABLISHING THE FACT OF WORK

On September 17, 2021, I applied to the branch of the pension fund in the Bolsheyarsky district of Astrakhan to receive an old-age pension. During the registration of the pension, it was established that the work experience did not include the period of work as a driver at the Oktyabrenok collective farm (the village of Novoeletsk, Astrakhan region) in the period from 1988 to 1993.

According to written explanations from Pension Fund employees, the work record was incorrectly recorded in the work book. Namely: specific dates of hiring and dismissal are not indicated (numbers are missing), and the stamp of the collective farm is “October”, not “Oktyabrenok”. In connection with this circumstance, I was denied credit for the period of work from January 15, 1988 to April 1, 1993 at the Oktyabrenok collective farm and was recommended to establish the fact of work through the court.

The entry was completed incorrectly, since the HR department employee made a mistake; the renaming of the collective farm in 1991 was not indicated. Now it is impossible to correct the records, since the collective farm has been liquidated.

The fact of working on the Oktyabrenok collective farm can be confirmed by the former chairman of the Soviets Roman Alekseevich, the former personnel officer Vasilisa Igorevna Popova, copies of documents related to the work.

Guided by articles 264-265 of the Code of Civil Procedure of the Russian Federation,

1. To establish the fact that Vitaly Andreevich Popov worked on the Oktyabrenok collective farm in the village. Novoeletsk, Astrakhan Region, in the position of “driver” in the period from January 15, 1988 to April 1, 1993.

1. Receipt for payment of state duty to the court
2. Order for employment
3. A copy of the applicant's work record
4. Extract from the Unified State Register of Legal Entities in relation to the collective farm “Oktyabrenok”
5. Copy of the archive certificate
6. Certificates, letters of gratitude
7. Collective farmer's book
8. Petition to call witnesses
9. Notification of sending documents to interested parties

01/20/2022 Popov V.A.

Evidence in the case

Preparing an application to establish the fact of work from the formal side will not be difficult. The main problem is collecting and presenting to the court evidence confirming the fact of work.

If the organization still exists, then first of all the citizen should contact it. If you do not have the required work documents, request a supporting certificate from the organization. Next, you should contact your local archive, where you will also need to obtain documents. Or a certificate indicating that documents confirming the fact of work were not received for storage.

As evidence of the fact of work at a certain time and in a certain place, you can use indirect evidence (orders for bonuses, vacations, certificates of gratitude). The best evidence will be that indicates specific dates, the name of the applicant and the name of the organization. The more such evidence there is, the easier it will be to prove your position in court.