Circumstances when a certified copy of a work record is required in 2022

The work book is one of the most important documents recording labor relations. It contains important information about the professional “baggage” of a working citizen, well-deserved rewards, as well as the reasons for his dismissal from previous positions. The responsibility for filling it out lies with the employer, and this document is stored in the personnel service, with the possibility of handing it over only to dismissed employees.

Meanwhile, there are often situations when a person needs a copy of the specified book to be submitted to one or another authority. How to get it if the book is not with you, but with your employer? In addition, a simple copy will be invalid; it must be certified in a certain way.

Let's consider how to correctly carry out this procedure and avoid some common mistakes so that the resulting copy is actually relevant at the place of provision.

Why might you need a copy of the employment document?

A document indicating a person’s consistent official employment may be needed not only when applying for employment at his main place of work. The list of reasons for needing to obtain a copy can be quite extensive:

1. Prevention of loss or damage to the original . It is always a good idea to have a copy of such an important document. After all, despite the fact that the employer is responsible for the safety of your work record, unforeseen situations cannot be ruled out when it is damaged or lost, whether due to a human factor or an emergency situation. Restoring data from work records is a rather labor-intensive and time-consuming procedure, so a certified “just in case” copy is insurance against possible troubles.
2. Part-time employment. If the combination of positions is internal, the labor issue is not relevant. After all, the employer, and therefore the personnel service, are the same. But if an employee combines positions in different organizations, then he will need a duplicate of this document to provide it to another employer.
3. Looking for a new job. If a person plans to change his place of employment and is looking for a new job before leaving, then he may need this copy to compile a resume, as well as during interviews.
4. For banking organizations. Banks require this paper in cases where a person is counting on a loan or intends to act as a guarantor when issuing a loan to another person.
5. When applying for a foreign passport. A citizen of the Russian Federation, when filling out an application for a foreign passport, must indicate data on his professional employment as they are formulated in the employment contract. Even if by law it is not necessary to provide a copy for this purpose, having it in front of your eyes in this case will be much more convenient.
6. The social security authorities will ask you to present your work book or a copy of it when assigning a subsidy, allowance or other payments for which work experience matters. An incorrectly certified copy will force you to go through the difficult procedure of waiting in line to see the inspector again.
7. To obtain a visa to certain countries. Some consulates prefer to receive, among other documents for a visa, information about the work experience of the departing citizen.

NOTE! The law does not limit situations in which an institution may require a copy of a person’s employment record. It all depends on the specific situation and goal.

Documents replacing a copy of the work book

The year 2020 was marked by the appearance of an electronic analogue of the work book, which had always existed only in paper version (Article 66.1 of the Labor Code of the Russian Federation, Law “On Amendments...” dated December 16, 2019 No. 439-FZ).
The electronic database accumulating information for the electronic work book (the Pension Fund of the Russian Federation is responsible for its maintenance) will contain the data reflected in this document only from the date 01/01/2020 (clause 1.7 of Appendix No. 2 to the Resolution of the Board of the Pension Fund of the Russian Federation dated December 25, 2019 No. 730p). This information must be collected in relation to all persons employed under an employment contract, regardless of the fact that the employee may choose to continue maintaining the work record book on paper (Clause 2 of Article 2 of Law No. 439-FZ).

For persons who have chosen the paper version of maintaining a work book, the rules for obtaining information from it will not change until they stop working (Clause 4 of Article 2 of Law No. 439-FZ) or decide to switch to an electronic document reflecting information about work activity (clause 5, article 2 of law No. 439-FZ). That is, they will have to request a copy of the work book from the employer if there is a need for it.

Persons who have chosen the electronic method of generating data on labor activity will receive a paper work book in their hands with a record of its further electronic maintenance (Clause 3 of Article 2 of Law No. 439-FZ). Periods of work after 2022 for them will be characterized by another document - information on labor activity (Article 66.1 of the Labor Code of the Russian Federation). Moreover, the employer will be able to form it only during the period of work for him.

Obtaining complete information accumulated in the electronic database will be possible (Article 66.1 of the Labor Code of the Russian Federation):

• at the MFC - a paper document certified by signature and seal will be issued there;
• at the Pension Fund of Russia - here you can receive both paper and electronic documents certified by a qualified electronic signature;
• through the State Services portal - only an electronic document will be available here.

For the period until 2022, persons who have switched to an electronic work book will be able to present to the bank the paper work book in their hands so that the bank makes a copy of it and independently verifies it.

Over time, the electronic method of accumulating information about work activity will be the only possible one, since for persons hired for the first time after 2022, a paper work book will no longer be issued (Clause 8 of Article 2 of Law No. 439-FZ).

Where to certify a copy of a work permit for a non-working person?

The work record is yours, not the employer's, but for some reason you need a certified copy. Where should a citizen who is currently not officially employed or is already a pensioner turn? He has the right to certify a “double” of his employment document in the established manner:

• from the last employer, if he agrees (at the end of the copy, the authorized person will indicate the reason why the person is no longer an employee of this organization);
• from any notary (they are authorized to certify copies of any documents if the original is available, the contents are not checked).

New rules for certification of work records in 2022

A new document certification standard has been released, including one that describes the procedure for certifying a copy of a work record book; the standard will be effective in 2022. Therefore, the work book must be certified in a new way in 2022.

In connection with this, new rules for certification of work records have appeared in 2022

For quite a long time, to correctly certify a work record, employers have been guided by the standards described in GOST R 6.30-2003.

But now the new GOST R 7.0.97-2016 is in force (“National Standard of the Russian Federation. System of standards for information, library and publishing. Organizational and administrative documentation. Requirements for document preparation”, order of Rosstandart dated December 8, 2016 No. 2004-st. ).

There are not many changes, but there is still one significant one. It is necessary to indicate the storage location of the original work book in the certification letter if the copy is intended for another organization.

Why is copy certification necessary?

The employee himself can apply for a copy of the work book. For these purposes, he writes an application addressed to the manager with a request to issue a duly certified copy of the work book. In this case, the employee is not obliged to explain the reason why he needed the document. Often such a document is submitted to banks to obtain loans or to social security authorities to receive certain benefits or allowances. The employee has the right to remain silent about all these reasons.

The work record book must be certified and a copy given to the employee within three working days from the date of his application. This period is provided for in Art. 62 Labor Code of the Russian Federation.

Also, the employer himself may need a certified copy of the work record when submitting documents to social insurance for reimbursement of expenses for paid benefits. According to labor data, the length of service is confirmed, which is used to calculate benefits.

Please note that there is judicial practice indicating the possibility of not confirming the length of service of dismissed employees with copies of their work records when submitting documents to the Social Insurance Fund for reimbursement of benefits (for example, Determination of the Armed Forces of the Russian Federation dated November 8, 2017 No. 302-KG17-16190). However, in order not to have to prove your case in court, it is better to play it safe and leave copies of the work records of the departing staff.

What data should you pay attention to before certifying a copy of the employment contract?

Before you certify a copy of the work book, you need to check the authority of the person who plans to sign the document.

In addition, it is necessary to check personnel documents to make sure that all records of transfers, changes in divisions and other similar nuances have been included in the labor record. It is unacceptable to add such information to a copy that has already been made.

How to certify a work book in 2022: basic rules

The rules for certification of a work record book, as already mentioned, are still applied as prescribed in GOST R 6.30-2003. They require that the certification contain the following mandatory items:

• the word “True” or a similar word form;
• the position of the representative of the employer who certified the copy of the employment contract;
• signature and decryption of the signature;
• date of certification of the document copy.

It is also advisable to make a record that the employee is employed to this day. Of course, only if this is true and there is no information that the employee will be fired in the coming days.

In order to certify work books according to the new rules of 2021, it is necessary to additionally make a record of where the original work record is stored if a copy is provided to another organization.

Storage location for the original

The new procedure for document certification involves indicating the storage location of the original work book. The wording of this entry is given in clause 5.26 of GOST R 7.0.97-2016. Guided by this paragraph, it is necessary to register not only the name of the employing organization, but also the details of the case in which the document is stored.

True, in most small and medium-sized businesses, where the staff is not so large, work books are simply stored in a safe, a metal fireproof cabinet or other place that can ensure the safety of document storage. In this case, it is enough to indicate the name of the organization that is responsible for storing work books.

Sample of certification of a work book in a new way Based on the current rules, this is what the entry for a certified copy of the work book should look like:

"Right. The original work book is located in Perspektiva LLC in file No. 29 for 2022.”

HR Manager Alieva (Alieva V.A.) 03/20/2021" Please note that this entry can be made before July 1, this will not be a violation

Source:

Don't Make These Mistakes

The most common mistakes that can negate the validity of a certified duplicate or extract from a work record book:

• lack of a copy of the cover page with personal data;
• the presence of the o, signature, date and seal not on all pages of the copy (the absence of any of these elements is enough to lose relevance);
• the bound version does not indicate the number of sheets of copy;
• the seal does not capture the text of the copy, but stands on the empty field below it.

ATTENTION! The copy will become invalid one month after issuance, as well as if additional entries were made to the original during this month. The exception is a notarized copy - its validity is unlimited.

How do I get a copy and how long is it valid?

The work book itself during the period of work is kept by the current employer, whose responsibility is to maintain this document (Article 66 of the Labor Code of the Russian Federation, clause 3 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). The work book is one of the documents related to work, and a copy of it must be issued to the employee upon his application within 3 working days (Article 62 of the Labor Code of the Russian Federation).

The validity period for such a copy is not established by law. Therefore, with regard to such a period, you need to focus on the requirements set by the bank, remembering that each specific bank may have its own requirements.

Example No. 1. An employee asked to provide a work permit in order to take it to a bank, Pension Fund or MFC

In this case, the work book should be certified in the following order, indicating the storage location of the original form, that is, o is placed on the document;
indicate the full name and position of the employee responsible for maintaining personnel documents; the date of certification is indicated; and from July 1, 2022, it is necessary to indicate where the original work book is stored. The entry may be as follows: “The original document is located in the personnel department of (name of organization),” as in the example below.

Drawing up an application

There is no unified, uniform sample application for issuing a copy of the work book, so the employee can write it in free form or in a form developed at the enterprise. Applications must include a number of required information:

• information about the company where the person works,
• position and full name of the employee in whose name it is written,
• request for a copy,
• date,
• compiler's signature.

If desired, you can indicate the reason why a copy was required, as well as the authority to which the document is required to be presented, but if there is no such desire, then, by law, the employee is not obliged to write this.

Notarization procedure

A special procedure for certification by a notary.

For citizens who are officially unemployed, if necessary, obtain a certified copy of the work record book, it is possible to do this at a notary office. It is the notary who has the right to carry out such actions.

The procedure for preparing a notarized copy of the specified document is carried out in several steps:

• personally appear at any notary office at your discretion and inform the specialist about the need to perform a notarial act. You need to have your passport and original work book with you.

The need to provide a passport is due to the fact that before proceeding with the procedure, the notary is obliged to establish the identity of the citizen who applied;

• indicate the pages of the document, copies of which must be certified. The lawyer carefully checks the work book, determines the authenticity of the document and examines its contents for the presence of unspecified corrections, erasures and pencil marks.

If the indicated defects are detected, it will be impossible to certify the copy.

In this case, the citizen will have to go to the personnel department of the organization, where an entry was improperly made in the specialist’s work book, to eliminate the identified shortcomings;

• pay the notary fee and receive a certified copy. The exact amount that will need to be paid for making a certified copy will be determined by a notary or office employee when accepting documents. Typically, such procedures are carried out quite quickly and are issued to the applicant on the same day.

Issuance of a duplicate work book

If the work book is lost or if it has become unusable, in accordance with the Labor Code of the Russian Federation, the employee should be issued a duplicate. Its registration takes place at the specialist’s current place of work. How to properly duplicate a work book?

• First you need to collect some documents:

1. supporting documents}
2. organization documents}
3. blank work book form}
4. company seal}
5. forms of relevant documents.

• The employee must submit an application addressed to the main person of the company for the issuance of a duplicate, where he must put his signature and date. The director of the organization must review the submitted application, put a resolution on it, certify it with the seal of the organization and sign if he agrees.
• The head of the company issues an order to issue a duplicate.
• The word “duplicate” is written on the title page of the work book, followed by the employee’s last name, first name and patronymic, as well as place and date of birth, education (secondary, specialized secondary, professional or higher). The employee’s total length of service before joining the current place of work must also be indicated here.
• In order, according to the dates of hiring and dismissal, information about previous places of work is entered (name of organization, date of hiring and dismissal, number and date of the document confirming the specialist’s work in a particular company). Each entry is certified by the seal of the organization, the position of the certifier, his initials and surname are indicated, and a signature is placed. The employee must be familiar with each entry by signature.
• If any of the documents presented confirming the place of work contain incomplete or inaccurate information, then such an entry is not included in the duplicate work book.
• A duplicate of the work book is issued within fifteen days from the date of submitting the relevant application in person.