Cases of registration and issuance of a duplicate work book
A duplicate work book is essentially the same work book of a specialist.
It also confirms the person’s work experience when a pension is subsequently assigned; such a document contains all the information about the employee’s career path. From 01/01/2023 you need to use a new type of work book. Whether it is necessary to exchange old workers for new ones and what to do with the old-style forms unused by 2023, read here.
The legislator allows for several typical situations when a company must issue a duplicate work record book for an employee (clauses 27, 30, 31 of the Rules for maintaining work records, approved by Order of the Ministry of Labor dated May 19, 2021 No. 320n, hereinafter referred to as the Rules):
- the original was irretrievably lost (including in cases where the employer lost the book due to an emergency);
For more information on what to do for an employee who has lost his work book, see the article “How to restore a work book if it is lost?” .
- the book has become unusable (its pages are damaged, stained, etc.);
- if information about his dismissal or transfer to another place of work was entered into the specialist’s book, and such an entry was subsequently declared invalid.
In the first two cases, the duplicate is drawn up by the employer at the last place of work, in the last place of work where an incorrect or inaccurate entry was made, except in cases where this employer has closed.
Registration procedure
An employee who has lost a document with information about his production activities is required to write an application for the issuance of a duplicate work book at his previous place of work. This must be done as quickly as possible after discovery of the loss. It is the employer’s responsibility to prepare a copy upon request from the employee.
In the new edition of the Labor Code, in Art. 65, it does not indicate which employer the employee is addressing. He has the right to return to his previous job. If he gets a new job, the employer is obliged to draw up a new document at his request. In both cases, it is necessary to document all periods of work and provide a statement of loss.
Personnel officers rarely have to deal with such a task, so we offer a reminder on how to issue a duplicate work book - adhere to the following algorithm:
- An application from the employee is accepted.
- Information about work experience is collected.
- An order for extradition is issued.
- The form is filled out.
- The date of issue is indicated, the form number is entered in the accounting journal.
- The employee signs for receipt of the copy.
Application for registration
The employee writes an application for the issuance of a duplicate work book addressed to the manager of the previous place of work. There is no approved application form, so it is written in free form. The applicant's details and the reason for the application are indicated.
How to make a duplicate of a work book
A duplicate must be issued within 15 working days.
In order to correctly issue a duplicate work record book for an employee, the company needs to follow several simple rules (they have been updated in 2021).
How to maintain work records in a new way from September 1, 2022, read the ready-made solution from ConsultantPlus. Trial access to the system can be obtained for free.
First, in the upper right corner of the first page of the duplicate, you must make an entry: “Duplicate.” (Clause 31 of the Rules).
NOTE! If the duplicate is intended to replace the work book that the employee actually has at his disposal (for example, if it is dirty, or if an invalid entry was made in it), then from the moment the duplicate is issued, only it has legal force. Therefore, on the original it should be written: “A duplicate was issued in exchange.” And indicate the series and number of the new document.
Secondly, the title page of the duplicate must be filled in with information about the specialist that is current on the date of issue of the duplicate.
After this, it is necessary to restore the employee’s total length of service in the “Job Information” section. To do this, you need to indicate in the first line of column 3 of the duplicate how much the specialist’s total work experience is, without specifying where exactly and during what time periods he worked there. Columns 1, 2, 4 remain empty.
IMPORTANT! The total length of service is indicated only on the basis of documents confirming it (clause 29 of the Rules).
Next, you should restore the chronology of the specialist’s work with different employers. This is done as follows: in column 2 the date of entry into work in a specific company is indicated, in column 3 the details of such a company and the position of the specialist in which he worked in the past are indicated. In the 4th column, accordingly, the details of the supporting document are given. The next line records information about the specialist’s departure from the company using a similar algorithm.
NOTE! If any information is missing/incompletely indicated in the specialist’s supporting documents (for example, the basis for termination of the employment relationship), then only the information that is known is indicated in the duplicate (clause 29 of the Rules).
For the general procedure for entering information into a work book, see the article “Instructions for filling out work books”
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 issue a duplicate work book - sample
Based on the above rules, the company can easily create a duplicate to replace a specialist’s work book lost for some reason.
At the same time, the organization must remember to make copies of all documents confirming the specialist’s work history, and then return them to the employee.
You can view and download a ready-made sample of filling out a duplicate work book from 09/01/2021 in ConsultantPlus by registering for trial access to the system:
Extradition order
Labor legislation does not require the execution of an order for the issuance of duplicate work books in the event of their loss, theft, etc. This document is drawn up in accordance with the organization’s document flow rules.
The order records the basis for issuance: the employee’s request and the responsible executor - an employee of the personnel service.
What documents will be needed
Restoring a document takes time - 15 days are allotted for this. Personnel officers often do not know how to fill out a duplicate work book with information about work experience if it is missing. The employee must confirm the length of service with documents before the book was lost. These are certificates from previous places of work, orders for admission to the organization, copies of employment contracts, paybooks - any official evidence of periods of work. All evidence provided must be certified.
The employee himself requests evidence of length of service; the employer is obliged to assist him - the personnel service draws up requests for previous work or for archives.
If documents are missing, the work experience is confirmed by the testimony of witnesses in court (see paragraph 24 of the rules approved by government decree No. 225 of April 16, 2003). An organization can contact the Pension Fund with a request for types of activities for certain periods.
Results
An example of a completed duplicate work book should be provided to the personnel department of each company in order to avoid possible errors when completing it.
It is important for organizations to know that the duplicate must be filled out only on the basis of documents confirming the employee’s past experience. At the same time, you need to remember to make o on the duplicate itself. And if it is issued in exchange for a book that was not lost, then write on the original “Instead, a duplicate with such and such a series and number was issued.” You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Algorithm of actions of a personnel officer
The law obliges the personnel officer to always have a supply of forms of this type. The book of receipts and expenses records the series, the form number, and the date it was filled out. Rules 225 and instructions No. 69, section 7, regulate the rules by which a duplicate work book is filled out:
- On the title page in the upper right corner indicate: “duplicate”.
- Basic data is filled in: full name, education information, others. If the information has changed, the current data is entered.
- The title page is certified by the seal of the organization, the personnel department and the signature of the personnel officer.
- Column 3 indicates the total confirmed experience.
- The periods of work separately for each employer are listed in chronological order.
- The document is handed over to the employee against his signature in the TC and inserts accounting book, which also records the series and number of the form, and the date of issue.
Consequences of losing a work book
A work record book, like any paper document, can be lost or irretrievably damaged.
This does not mean at all that in such a situation the employee loses all information about his work experience. The law regulates the possibility of issuing a duplicate, and the instructions for filling out indicate how to restore entries in the work book if lost or damaged. It is quite possible to restore this important document. Another thing is that sometimes it is quite difficult. IMPORTANT!
From 09/01/2021, new Rules for maintaining and storing work books, producing forms and providing them to employers, approved by Order of the Ministry of Labor No. 320n dated 05/19/2021, are in effect. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, which approved the previously existing rules, has become invalid.
The original document on experience cannot be restored, but its owner has the right to receive a duplicate, which will include all or almost all the information that was in the original. For those who have been working since 2000, there is no question of how to restore length of service if a work record book is lost - all information about it is stored in the Pension Fund, where information for assigning a pension is generated even before the introduction of electronic work records (ELR). With the introduction of the ETC, the problem of data recovery is losing relevance, but is still in demand among those who decide to save paper documents.
How to restore a work record through the Pension Fund?
The Pension Fund stores data on the work experience of citizens. Until 2002, such information was collected by the fund on the basis of entries in work books - requests were sent to employers asking them to fill out information about the insured person’s work experience in the SZV-K form. Since 2002, the fund has provided individual pension accounting information using the SZI-5 form.
To create a duplicate work book with the help of the Pension Fund, you need to write a statement about the loss of the work book and submit it to the fund branch at your place of residence. Within 10 days, the Pension Fund will provide a duplicate based on its own data (Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p).
It should be taken into account that if you worked at the enterprise unofficially, the Pension Fund will not have information about such place of work. Remember this when you agree to informal employment—this period of time will not be included in the length of service for calculating your pension.
In what cases is a duplicate made?
The work book for each employee is the most important document. It relies on strict accounting forms; on its basis, the length of service is subsequently calculated and pension payments are calculated, and therefore it needs special treatment.
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Most of the time, the work book is kept by the employer and only during periods of absence from work – in the hands of its owner. However, it is in this short period of time that it can be lost or irreparably damaged. In this case, the owner will need to make a duplicate of it.
