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How work books “multiply”

If an employee began working before 2022 and not only an electronic, but also a paper work book is kept for him, then he may have two or more such paper books. The reasons for this “reproduction” of books are different:

loss of the first document, issuance of a duplicate and discovery of the first book;
the desire to hide the damaging facts recorded in the first book;
deliberate concealment of the first book in order to be able to work two jobs under an employment contract, etc.

https://pfr.gov.ru/On the merits of the issue

According to Article 66 of the Labor Code of the Russian Federation, a work book is the main document about an employee’s employment and length of service. It is issued and executed by the first employer, after which he ensures its storage and completion until dismissal. After dismissal, the document is handed over to the employee. Upon subsequent employment, it is presented as a document confirming his experience. The laws do not directly indicate whether it is possible to officially work 2 jobs with a work book, but this is not prohibited. The second copy appears in a person for various reasons:

due to the loss of the first one and its discovery after the issuance of a duplicate;
as a result of the desire to hide unpleasant facts that were included in the first Labor Code.

According to the Pension Fund of Russia, it is possible to have two work books, but the agency warns that if several periods counted in the insurance period coincide in time, only one of them is taken into account at the choice of the insured person (clause 2 of Article 16 of Federal Law No. 255-FZ of December 29. 2006).

Is the second work book considered fake?

The question arises: will one of the books of such an employee be considered unreal - a false document?

From a formal point of view, the second book cannot be called counterfeit: it is filled out in accordance with the law, all the necessary seals and signatures are placed in it. There is no fictitious data or fake signatures.

There is also the question of how a citizen, when applying for a job, presented the reason why the HR department gave him a new employment record. For example, if he reported the loss of the book, knowing for sure that it was with another employer. If it is discovered that he deliberately lied to the new employer when concluding an employment contract, the employee may face termination of the employment contract “for providing false information” under clause 11 of Art. 81 Labor Code of the Russian Federation.

Are they real?

As you know, a work book is the main document about the work activity and length of service of an employee who receives it from the employer (Article 66 of the Labor Code of the Russian Federation).
In other words, this document is issued once at the first place of work, after which, when applying for employment at the next place of work, the individual presents this document to the new employer. The reasons for the appearance of several work books are different for everyone: this is the loss of the first book and its subsequent discovery after the issuance of a duplicate, and the desire to hide unpleasant facts reflected in this document, etc.

As a result of solving any of the problems outlined above, the employee ends up with several work books. And the thought immediately arises: are such documents considered real or is the employee using a fake document?

In our opinion, it is perhaps impossible to call such books counterfeit: they are drawn up in strict accordance with the law - entries were made by the personnel department, there are all the necessary signatures and seals. There is no deliberately fictitious information there, no one forged the autographs of the personnel officer or superiors and no one affixed fake stamps. Therefore, the book itself, of course, is not fictitious.

The only question is how the new employee justified the reason why he was issued another work book (duplicate). For example, he could claim that he lost her and write a corresponding statement. If at the same time the old work document is lying at his home or is really lost, then most likely there will be no problems. Difficulties may arise if it turns out (it doesn’t matter how) that the first book did not disappear anywhere, the person knew this very well, and, nevertheless, gave the new employer deliberately false information when applying for a job. In this case, the cunning citizen may face termination of the employment contract on the basis of paragraph 11 of Article 81 of the Labor Code of the Russian Federation - “for the employee to submit false documents or knowingly false information when concluding an employment agreement.”

How is the tax deduction applied?

Typically, employees receive a tax deduction at their main place of work, although this is not stipulated anywhere in the law. Any employer can carry out a deduction at the request of an employee accompanied by documents confirming the right to a deduction (Article 218 of the Tax Code of the Russian Federation).

If an employee writes a statement about deductions to two employers, information about this can be discovered through the Pension Fund of the Russian Federation, then the second employer has the right to demand the amount of the deduction from the employee and accuse him of abuse. In this case, problems may also arise for the second employer: after all, by providing a deduction, he will reduce the amount of tax to be paid to the budget.

The same applies, for example, to paid study leave, which is due at the main place of work.

Why does an employee have two TCs?

Life situations are very diverse, but most often the situations why an employee ends up with two workdays are as follows:

loss;
desire to work in two places not part-time;
an attempt to hide unpleasant records, etc.

Let's look at whether it is possible to have two work books at the same time, look at all the cases in more detail and start with the loss. Here everything is more or less clear: a person has lost an old document and is starting a new one. In this case, all records are restored.

Another question is whether a second work book is legal if the employee wants to get a second job without finding out about it at the main one. An employee legally has the right to work part-time (if it is not work in a hazardous enterprise), and the possibility of working in two main jobs is not specified in the law.

IMPORTANT!

Often an employee starts a second labor company simply because he does not want to advertise his second place of employment. Legislative regulations do not directly indicate whether it is possible to work with two work books, but working in two places is not prohibited by law (Article 60.1 of the Labor Code of the Russian Federation). But such work activity must be formalized properly: an example is part-time work (Article 282 of the Labor Code of the Russian Federation).

If an employee has two originals of the Labor Code, filled out properly, this is not an offense. The employee does not face liability for 2 work books at the same time, he will not be fired or punished. Punishment is provided only for receiving benefits, deductions and sick leave benefits if he indicates two places of work as his main ones.

In fact, the second work book is not fictitious: correct entries are made in it, they are certified and confirmed by the employer. In this case, there is no reason to fire or punish the employee. If an employee submits two technical proposals, the employer does not have the right to refuse to accept them. The employee independently decides in which TC to make entries.

Let's look at how to get a second work book for a foreign worker. Very often citizens from the countries of the former USSR come to work in the Russian Federation. If a foreigner has a Soviet-style labor code, then entries are made in it by the Russian employer. If a citizen has a document of a different type, the Russian employer has the right to issue him a new one. In this case, the foreigner ends up with two TCs.

ConsultantPlus experts examined what problems exist in terminating an employment contract in connection with the provision of false documents by the employee to the employer. Use these instructions for free.

What happens when your pension is calculated?

Thanks to personalized accounting and maintenance of electronic work books, paper books have ceased to be a tool for recording work experience. A personal record in the Pension Fund contains more complete data than a paper employment record. In addition, now the size of Russians’ pensions depends on the income to their personal account in the Pension Fund. Contributions paid by each employer will be reflected in the individual's personal account and taken into account when assessing pension rights. But in total you can get no more than 10 points per year.

However, for those citizens who started working with a paper work book, the rule still applies: they will not issue a pension without presenting a work book. But it will not be possible to apply for a pension using two books at once: the law does not provide for “parallel” service, so the citizen will have to choose the most “profitable” book and attach it to the application for a pension.

Is it legal to have several work books?

A work record is the most important evidence of an employee’s work experience. The reasons why a citizen re-issues a work book can be different:

Two or more books

loss of a work form and discovery of the original book only after the creation of a new one
hiding another place of work from the management of the enterprise
desire to conceal the fact of dismissal from a previous job “under article”
the employee wants to start his career with a “clean slate” and hide information about previous undesirable qualifications
physical damage to the first book

Each employee has the right to work in several enterprises. However, the work book must be kept by the main employer (in accordance with Article 66 of the Labor Code of the Russian Federation). Activities in other organizations in this case are considered combination. If the employee wishes, information about the second job can be entered into the work book, based on an order for employment in another company.

Therefore, an employee should not have several work books. If you lose your book, you must notify the HR department and a duplicate will be issued.

However, there is no clear prohibition on owning several work books in the Labor Code. An employee working in two organizations at once and keeping work books in duplicate does not bear direct responsibility before the law. But sometimes situations arise when working on two books is illegal. For example, a woman receives child care benefits under both books. In another case, the girl starts a new job without stopping maternity leave, and gets another work book in order to continue receiving benefits in the future. These situations can end disastrously, since the employee may be forced to return the excess funds through the court or accused of fraud.

Thus, to avoid problems in the future, it is advisable to carry out work activities using a work book in a single copy.

How are insurance length and benefits calculated?

The insurance period and the calculation of benefits are another issue for owners of two work books. The general rule requires calculating the amount of social benefits to calculate the insurance period based on periods of work under an employment contract and periods of other activities when the citizen paid social insurance contributions (Part 1 of Article 16 No. 255-FZ of December 29, 2006). The work record book must confirm these periods.

The same law allows, if the periods that can be included in the insurance period coincide, to take into account the period of the citizen’s choice. This means that sick leave, maternity and child benefits can only be received from one employer. For example, an employee before maternity leave cannot be given two sick leaves, which are addressed to different and at the same time main places of work - one place will be the main one, the other additional.

In order to receive an increased benefit and somehow combine information from two books, the employee must bring documents to the first employer confirming periods of work in another place. These may be copies of orders or extracts from them, certificates from other employers, certificates of transfer of social insurance contributions.

How to apply for a pension

To apply for a pension, you must submit the original document to the Pension Fund. The pension is calculated only according to one document. If, when applying for a pension, you present two Labor Codes and the periods of work in these documents overlap, then Pension Fund employees will ask you to select one period. That is, out of two books, when applying for a pension, you will have to choose only one.

Federal Law No. 400-FZ of December 28, 2013 prescribes that if several periods of work coincide in time, when calculating the insurance period required for assigning a pension, only one of such periods is taken into account at the choice of the person who applied for the establishment of the specified amount (clause 1 of Article 13). If there are no coincidences in operating hours, there is no reason to worry either.

IMPORTANT!

In connection with the maintenance of ETC, the problem of having two documents at the same time disappears. Electronic labor does not require a physical medium: all information about the employee’s work activities is recorded in digital format. Employers submit information to the Pension Fund through the Policyholder's Account (using the SZV-TD form) or the client service of the Pension Fund - employee data is stored in the department's information resources. Everyone who is hired for the first time in 2022 will receive an electronic record book.

What does the employer risk?

If a situation with two work books is revealed, Rostrud invites employers to regulate relations with the employee. To do this, one of the employers may offer the employee a part-time job. But Rostrud does not explain what to do if the employee refuses this offer: there is no liability established for him in this situation, and the employer has no formal reasons for dismissing such an employee.

In this case, liability for the employer also does not arise if he did not know about the existence of a second work book and a second main place of work for the employee. When hiring, he did not violate the rules and is not obliged and has no right to arrange checks for a potential employee (Article 65 of the Labor Code of the Russian Federation).

Can they punish

The law does not provide for punishment for having two original and completed documents. But it’s worth clarifying: this condition applies to the originals. The Criminal Code of the Russian Federation (Articles 159, 327 of the Criminal Code) stipulates that if you work with two work books in different organizations, you will be subject to criminal liability for forgery or forgery of documents. Two books with the same entries are not allowed, that is, you cannot copy the original entries just in case.

The law does not prohibit having two jobs (Article 60.1 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation explains how to work at two jobs officially: such activity must be formalized accordingly, for example, as a part-time job (Article 282 of the Labor Code of the Russian Federation).

It often happens that people work according to a schedule, for example, every other day, and feel the strength and opportunity to earn more. When working part-time, the employee and the employer are subject to limits on working hours - no more than half of the standard working hours. In this case, people do not wonder whether it is possible to work with two work books in different organizations at the same time, but get a job with another employer without notifying the administration about the presence of another main place of work. An employee cannot be punished for this.

How can you find yourself working with two work books?

The situation easily “pops up” in the Pension Fund of Russia, which receives SZV-TD reports from employers, on the basis of which electronic work books are generated. Sooner or later, a conflict will occur regarding the parameters of incoming control, and Pension Fund employees will see that one citizen has two employment contracts, and each place of work is the main one. Then a signal to employers is possible with a proposal to leave one place of work as the main one, and register the other as a part-time job.

In addition, labor safety standards must be observed. The Pension Fund of the Russian Federation cooperates with the social security system and the Ministry of Labor, so information about overtime may be submitted to the labor inspectorate. The situation becomes especially complicated if, at one of the workplaces, as a result of overtime, an employee becomes injured, gets sick, or dies as a result of an accident.

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Is it possible to check the authenticity of a work book?

So, the document is often falsified. What should an employer do? If there are doubts about the veracity of the information provided, the work book can be checked for authenticity. This is done in one of three ways:

Verification of the production date with the serial number. Each year documents are issued with different numbers.
Call the employee's previous employers.
Comparison of the appearance of a document with a genuine book.

The easiest way is to call your employer. You can also learn additional information about the employee from the conversation.

Two pensions for two work books

This is impossible! Registration and accrual of two pensions according to two different work books is impossible and prohibited by law. Yes, the work book contains information about the employee’s work experience, which he needs upon retirement. But it is not the document that must be presented to the Pension Fund for calculating and accruing a pension.

If a future pensioner submits several work records, the Pension Fund must consider each of them. However, the insurance period in this case will be taken into account only for those periods that do not overlap in different books. For example, if an employee worked from 01/01/2000 to 20/12/2005 at one job, and from 05/04/2002 to 15/10/2008 at another, which is confirmed by different work books, then the insurance period in this case will be accepted as continuous from 01/01/2000 to 10/15/2008. That is, only the calendar duration will be counted, and not the purely summed duration of work for each of the places.

An employee of the Pension Fund of Russia may offer another option. A future pensioner who provides information on several work books will be asked to choose one of them, which is more “profitable” in terms of length of service. Then all the work experience that is written in the “unprofitable” work book will not be taken into account, even if pension contributions were made for it.

In addition, if periods of work under different work books overlap, the Pension Fund employee may have certain suspicions. He can notify the relevant authorities about falsification and forgery of information. The future pensioner will have to prove that he worked in both places, carry documents confirming income, etc. That is, in order not to be held accountable, he will have to prove the absence of falsification and forgery.

What to do with deductions if you have two employees?

An employee, when joining an organization, must inform the employer about the availability of a work book in two copies. At the legislative level, an employee cannot be denied employment. However, the employer will wonder why length of service is not taken into account in one work report, even if there is a second part-time job. In this case, the employer will ask the employee to decide on the main place of work in order not to violate the implementation of the articles of the Tax Code of the Russian Federation. After all, an employee can only claim tax deductions at one place of work.

The worker is required to choose his main place of work and submit a statement to another organization that the deductions have already been received. You should not claim tax deductions at both jobs. If tax officials find out about this fact, the violator will pay a fine under Article 122 of the Tax Code of the Russian Federation.

Tax deductions

The issue of tax deduction is also important for the employer. Therefore, the boss must be aware of whether the employee works in the organization at his main place of work or combines this work with another. After all, if, during an annual audit, tax officials discover inconsistencies, the employer will also have to pay fines and penalties in accordance with Art. 123 Tax Code of the Russian Federation. For a hired worker, this situation is fraught with dismissal.

Thus, owners of two work books do not need to claim tax deductions for several places of work at once. This also applies to other guarantees from the main place of work. When an employee takes leave during a study session, only one employer needs to demand payment for it. In the second organization you need to apply for free leave.

When there is no need to issue a second work book

Inadequate knowledge of legislative regulations often leads to the fact that employees or even employers draw up several work books, when in practice this is not necessary. This most often occurs in the following most common situations:

Work on
part-time. Some workers believe that if part-time work is not reflected in the work book, then they will not have any legal guarantees related to the fact of this employment. This is not so - if the employee himself wishes, the entry into the labor record may indeed not be made. However, the employee may require that it be entered on a mandatory basis - to do this, he must present a certificate from his second place of work to his employer at his main job. It is on the basis of this certificate that the main employer makes entries about part-time work in the work book. If an employee combines several positions with one employer, then this procedure will be carried out even faster and easier.
Overflow of work book. If there is no free space left in the work book, this does not mean that the employee should draw up a new, second document. Instead, the work book insert should be used. This document, when used together with a work book, performs similar functions, recording the actual work of an employee in any position and can be presented during subsequent employment and other circumstances.