How to restore a work book if it is lost


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.

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.

Getting information online

The easiest and fastest way to get acquainted with the records in the ETC is to obtain an electronic extract on the Pension Fund website or the State Services portal. An account on State Services is required in both cases.

On the PFR website, you need to go to the citizen’s personal account, logging in through the “State Services” portal, and select the appropriate request.

The result will be ready almost immediately. You can print the information you receive or save it on your computer. They will also be saved in your personal account, where they can be viewed at any time.

To view an electronic work book on State Services, you need a verified account on the portal. There are two ways to find the service you need:

  • Services - Authorities - Pension Fund - Extract from the electronic work book;
  • Services - Categories of services - Work and employment - Labor law - Extract from the electronic work record book.

Waiting for a response will take no more than 5 minutes. Where can I view the electronic work book in State Services?

In the “Notifications” section you need to find your request for information about work activity and open it, inside there will be the received extract files from the ETC. They can be saved on your computer or sent by email.

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.

Step-by-step restoration of the work record

In fact, the worker’s book must be restored without fail. At the same time, there are certain kinds of difficulties, the solution of which must be considered step by step:

  1. Contacting previous organizations (where the person worked) in order to obtain a document on experience.
  2. If the company where a person worked was liquidated, then he needs to find the archive in which the company was registered. This documentation about work and experience can be issued by this particular government agency.
  3. Appeal to the Pension Fund.
  4. Appeal to the courts.

This is also important to know:
The procedure for dismissal at will: the rights and obligations of the employee and the employer, registration in the employment record

The employment record, which was recently opened, contains information about a short period of work experience. That is why it is easier to issue a new form.

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.

Loss of document by employer

If the work book was lost by the employer, then it is he who bears the responsibility for restoration. For example, if there is a massive loss of books, the employer collects a commission to determine the length of service of all employees. It includes only non-interested persons:

  • employees of other departments;
  • trade union members;
  • representatives of the executive branch.

If exact information about the employee’s place of work is not available, the information must be confirmed by two witnesses. Based on the results of the work performed, a report is drawn up. Paragraph 34 of the Ordinance mentioned earlier indicates the use of the act in restoration.

The law does not contain precise instructions regarding actions to be taken if an employer loses a document. If a large number of books are lost, the organization may be fined for improper storage under the Code of Administrative Offenses. If a company has lost a document and therefore cannot issue it when an employee is dismissed, the latter may request compensation.

ATTENTION! If the document of one employee is lost, the employer takes standard actions: contacts the Pension Fund, a state fund.

Employee actions

If an employee has suspicions that the employer lost the document intentionally, he can contact the Labor Inspectorate. It makes sense to go to court only if the employee is sure that the organization deliberately lost the document. You can go to the court under the following circumstances:

  • The employer refuses to restore the book without explanation.
  • The employer denies the fact of employing the citizen.

The court obliges the company to take care of issuing a duplicate.

ATTENTION! The court is a last resort, since the measure involves wasting time and drawing up a claim. There is no need to pay a fee, since cases related to the Labor Code are not subject to fees.

Features of filling out a duplicate TC

The duplicate contains information about the total length of service in years, months and days. Specific places of work are not indicated. Only the last place of work is registered. This registration is relevant if the employee has not provided documents confirming his other places of work.

A stamp is placed on the title page of the document indicating that the book is a duplicate. You can read more about registering a duplicate work book if it is lost by following the link in this sentence.

The ease of restoring a work record depends on the specific case. If the previous employer continues its activities, and the Pension Fund has all the required data, then the procedure is relatively simple. Things get more complicated in cases where the data cannot be obtained or the former employer has been liquidated. The employee will have to go to court. During the time until a duplicate is received, it will be quite problematic to get a job. Therefore, you need to take care of receiving the document in advance. Neither the employee nor the employer should delay this.

A duplicate of the lost work book is issued at the last place of work

Question from Klerk.Ru reader Elena (Moscow)

Lost work book. What to do? Many companies no longer exist. How to correctly restore or issue a new work book.

If you want to restore a lost work book (all previous work experience), you need to issue a duplicate work book at your last place of work. From clause 31 of the Rules, approved. By Decree of the Government of the Russian Federation No. 225 of April 16, 2003, it follows that an employee who has lost his work book is obliged to immediately (in writing) notify the employer at his last place of work. The employer issues a duplicate work book to the employee no later than 15 days from the date of submission of the application.

In addition to the employee’s application, the basis for issuing a duplicate is documents that confirm periods of employment (work experience) with this employer, as well as with previous employers. Periods of employment with a given employer are confirmed by an employment contract and orders. Periods of work with previous employers are confirmed, in particular, by the following documents:

  • orders for hiring, transfer to another permanent job, dismissal, issued by previous employers (extracts from these orders or certified copies);
  • certificates from previous places of work (for example, a certificate of general experience);
  • certificates from archival institutions confirming the employee’s work experience in a situation where the organization in which he previously worked was liquidated;
  • employment contracts concluded with previous employers (written copies);
  • work books of collective farmers;
  • personal accounts (for example, according to form No. T-54, No. T-54a);
  • salary slips;
  • court decision on establishing length of service.

If an employee submits copies of documents confirming his work experience, they must be properly certified by the employer who issued the document (clause 31-32 of the Rules, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003, clause 6 of the Rules, approved by Decree of the Government of the Russian Federation No. 555 of July 24, 2002).
If the documents submitted by the employee do not contain complete information about his work experience, only the information that is available in the submitted documents is entered into the duplicate work book (paragraph 6, clause 7.2 of the Instructions, approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003 ., paragraph 5 of clause 32 of the Rules, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003) The employee must himself collect documents confirming the periods of his working activity with previous employers. At the same time, the employer who issues a duplicate work book for the employee is obliged to assist him in obtaining the necessary documents (paragraph 7, clause 7.2 of the Instructions, approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003). For example, he can send a request to his previous employer with a request to send the relevant documents (clause 7.2 of the Instructions, approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003).

If you do not apply for a duplicate work book, in order to carry out further work activities during a new job, you will be issued a new work book, which will begin with records of work with the current employer (Part 5 of Article 65 of the Labor Code of the Russian Federation). But then all previous work experience will be lost. Therefore, we recommend that you start preparing a duplicate work book.

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