SAMPLE APPLICATION/REQUEST UNDER Article 62 of the Labor Code of the Russian Federation FOR ISSUANCE OF WORK-RELATED DOCUMENTS

Content

• Why write a statement?
• Where may you need a copy of your work record?
• How a copy is made
• Drawing up an application
• Application Form
• Application consideration period
• Does the employer have the right to refuse to issue a copy?
• Sample application for issuing a copy of a work record book

A copy of the work record is usually taken upon request: to confirm official length of service (for example, for a pension fund), declared experience or place of work. Any citizen can request this document.

How to get it: step-by-step instructions

In general, the procedure looks like this:

1. The employee goes to the personnel department or accounting department (if the accountant performs the duties of a personnel officer) and writes an application, the form and sample of which are available among other internal documentation of the company.
2. An authorized employee (in most cases, a personnel officer) accepts this application and marks the acceptance of the application for work.
3. It is then issued directly to the applicant. The waiting period is 3 working days. Moreover, this period begins to count from the working day that follows the day the application is accepted. For example, if an employee wrote a statement on Friday, the deadline will start on Monday. And if Monday falls on a holiday, the deadline will begin on Tuesday.
4. On the appointed day, the employee receives a copy, checks that it is certified (if necessary) and signs the HR officer about the fact of acceptance. It can be issued not only by an accountant or personnel officer, but also by a representative of the administration (as well as accept an application for issue).

NOTE. Often the procedure is completed with a delay. Therefore, if we are talking about urgent cases, it would be right to worry about registration in advance and it is better to stock up on several copies at once. This is especially useful when applying for loans from several banks at once.

Why write a statement?

A work book is a document that must be recorded, therefore a number of norms and rules have been developed for its storage. They concern not only the maintenance of this document, but also its storage. An employee who starts an official job submits his work record book to the HR department. The specialist enters all the required data: registration date, position, etc. Here, in the personnel department, the document will be stored until dismissal. From the moment the work book reaches the personnel department, it is the employees of this department who are responsible for it. They cannot make arbitrary entries in this document or transfer it to third parties. The owner cannot just get his work record - while he is working officially, an employee of the HR department can only make a copy or make an extract. However, these actions will necessarily be preceded by a written statement from the owner.

Copy of the work book: basic information about the document and its status

When applying for a job, an employee submits his work record book to the employer as part of the mandatory package of documents provided upon employment. From this moment on, responsibility for the storage and safety of the document rests with the employer. The original Labor Code is kept in the organization, and until the moment of dismissal is issued to the employee only in one case - for the purpose of his compulsory insurance (Part 1 of Article 62 of the Labor Code of the Russian Federation), and in the presence of circumstances requiring confirmation of the information specified in the work book, to the employee a certified copy or extract is issued.

There are two types of copies of TC, each of which has its own status, these are:

• a copy of the work book, written out on an official form - a duplicate, is issued in replacement of the lost (lost, damaged) work book and has the status of the main document confirming the employee’s length of service;
• photocopied copy of the work book - created by copying a document using a copier and certified by an official or employer with a round seal. It is a one-time document, which is issued to be provided to the recipient who requested the document.

A photocopy of the work book must contain all the information reflected in the original document, in the same sequence and chronology, including not only records of length of service, but also information about awards and incentives.

When preparing a photocopy, the HR employee or the employer directly must certify the document:

• on each photocopied page a note is made: “Copy is correct,” and the artist’s signature is affixed;
• on the last page of the copy, an entry is made: “The copy is correct, on ... pages,” after which the document is certified by the executor’s signature and seal, and the date of its issue is indicated.

A copy of the Labor Code (duplicate), issued to replace the lost one, can be issued without restoring the chronology of the experience (where the company issuing the duplicate Labor Code will be recorded in position No. 1, and information about the previous experience will be summarized, with a footnote “according to the full name (owner) "If the owner presents documents confirming the presence of previous work experience, information about him can be entered in a duplicate, with a footnote to the presented document (certificate of work experience, extract from the order). The entry made is certified by the seal of the organization that made the entry in the copy of the Labor Code. The original document on the basis of which the entry is made is pasted on the last page (cover) of the TC.

When issuing a duplicate, the official who issued the document puts the inscription “Duplicate” on the title page and certifies it with his signature. An entry is made on the inside cover: “The duplicate was issued on the basis of ....”. The entry is dated, signed and sealed.

The basis for issuing a duplicate are certificates from structures confirming the loss (issued by the city department of the Ministry of Internal Affairs after the fact of registration of the theft or statement of loss of the TC), loss (certificate from the Ministry of Emergency Situations about fire, flooding, etc.).

Where may you need a copy of your work record?

departments where a copy of a work record book may be required. Most often these are social services, thanks to which the owner of the document can receive benefits, subsidies and all kinds of benefits. Quite often, a copy of the employment document is also needed in banking institutions when a person wants to open a line of credit or take out a loan. In addition, a duplicate of the work book will have to be presented when applying for a part-time job. A copy may also be useful if the document is lost or damaged. Based on the duplicate, it will be much easier to restore all data.

Rules for registration and issuance of a copy of the book

The employer’s obligation to provide an employee with a copy of the work record book upon his request follows from Art. 62 of the Labor Code of the Russian Federation (obligation to issue copies of work-related documents).

In some cases, an individual may be required not to have a copy of the book, but an extract from the latest one. Read more about the extract in our article “Filling out an extract from the work book - sample.”

A copy of the work record must be issued to the employee within 3 working days counted from the date of submission of the application. No money will be charged for this. The copy must be properly certified.

In accordance with clause 5 26 GOST R 7.0.97-2016, the mark includes:

• the word "true";
• position of the person authorized to certify the copy;
• signature of the authorized person and its transcript;
• day of copy certification.

A mark indicating the correctness of the copy is placed on each page. Under the last entry in the work book, an entry is made that the employee continues to work in this organization. The mark and entry are certified by the seal of the enterprise, if its presence is provided for by the charter of the legal entity. A stamp may be used to certify a copy.

Also, the above-mentioned GOST obliges to make an inscription about the place of storage of the original book.

Drawing up an application

A unified form according to which an application must be written has not been developed at the state level. This means that an employee can write it in free form or in the format required by the enterprise. In this case, the application must contain the following information:

1. Full name of the company from which the work record is requested;
2. Position, as well as full name of the responsible person to whom the application is addressed;
3. Directly request for a copy of the document;
4. The date of writing the application and the personal signature of the applicant.

Some organizations require you to indicate the reason why a copy of the work record is required. In this case, this information must be included in the application.

Features of provision

According to current legislation, the employee has the full right to receive, while:

1. Quantity is not limited.
2. The service is provided free of charge – i.e. the employer does not have the right to charge any fees, including for paper and the use of office equipment, even if the employee needs many copies.
3. An employee can request both copies of individual pages and copies of the entire work.
4. The employee has the right to certify all pages (or selectively) for free. That is, the employer puts a stamp and signature also at his own expense.
5. The employer also does not have the right to refuse to provide it. Moreover, there are restrictions on issuance within a month, year, etc. No.

Application consideration period

According to current legislation , an employer must consider an application from an employee for no more than three days. Of course, the applicant can request a more prompt issuance of a duplicate, but here everything will depend only on the efficiency of the HR department. There is no requirement in the law that a copy must be issued immediately. If the employee wants to expedite the process, he can indicate in his application a compelling reason why the HR officer should expedite the process. If there are documents confirming the need for prompt copying, they must be attached to your application.

Article 62 of the Labor Code of the Russian Federation. Issuance of work-related documents and their copies (current edition)

1. Part 1 art. 62 obliges the employer, upon a written application from the employee, to provide him with copies of documents related to work, incl. and documents on accrued and actually paid insurance contributions for compulsory pension insurance. At the same time, the employer does not have the right to demand from the employee an explanation of the reason why he needs a copy of a particular document.

List of documents (copies of documents) listed in Part 1 of Art. 62 is not exhaustive. In addition to those mentioned, the employer is obliged, upon the written request of the employee, to issue him with other documents if he needs them to exercise certain rights. For example, an employer is obliged to provide an employee with a reference if he needs it to participate in a competition.

All documents (copies of documents) issued to the employee at his request must be properly executed. They must be certified by the signature of the head or his authorized person and the seal of the organization. The document must indicate the number and date of issue. If a copy of a document is issued (for example, a copy of an order for employment or dismissal), then a note must be made on it that the original is in the given organization.

The employee must contact the employer with a request for the issuance of work-related documents in writing, i.e. by submitting an application.

At the request of the employee, the employer is obliged to issue the necessary documents no later than three working days from the date of filing the application for the issuance of documents.

2. The general procedure for issuing and certification of copies of documents is established by Decree of the Presidium of the Supreme Soviet of the USSR dated August 4, 1983 N 9779-x “On the procedure for issuing and certification by enterprises, institutions and organizations of copies of documents relating to the rights of citizens.”

In accordance with the said Decree, organizations issue, upon applications from citizens, copies of documents emanating from organizations, if such copies are necessary to resolve issues relating to the rights and legitimate interests of citizens who have applied to them.

In the same manner, organizations can issue copies of documents they have that come from other organizations from which it is difficult or impossible to directly obtain copies of these documents. In cases where documents were executed on forms, the details of the forms are reproduced when making copies.

Organizations also send copies of documents they have at the request of other organizations, if copies of such documents are necessary to resolve issues relating to the rights and legitimate interests of citizens who contact them.

The accuracy of the copy of the document is certified by the signature of the manager or an authorized official and the seal. The date of issue is indicated on the copy and a note is made that the original document is located in this organization.

Organizations are required to certify the accuracy of copies of documents required for submission by citizens to these organizations, if the legislation does not provide for the submission of copies of such documents certified by a notary.

Comment source:

Rep. ed. Yu.P. Orlovsky “COMMENTARY ON THE LABOR CODE OF THE RUSSIAN FEDERATION”, 6th edition ACTUALIZATION

ORLOVSKY Y.P., CHIKANOVA L.A., NURTDINOVA A.F., KORSHUNOVA T.YU., SEREGINA L.V., GAVRILINA A.K., BOCHARNIKOVA M.A., VINOGRADOVA Z.D., 2014

Does the employer have the right to refuse to issue a copy?

In the event that an employee needs an extract or photocopy of pages from the work book , the employer cannot refuse him this. This document is the property of the employee, which is stored at the enterprise during the period of validity of the employment contract. If the employer refuses to issue a copy, the applicant has the right to write a complaint to the labor inspectorate. An employee of this authority will oblige you to eliminate the violation and may even impose an administrative penalty.

Validity

Valid for a limited time:

• if it is certified by the employer - no more than a month from the date of issue;
• if notarized - theoretically for an indefinite period.

In practice, many organizations can set their own expiration dates, and they have every right to do so. Particularly strict requirements are imposed by banks if an application for a very large loan (10 million rubles or more) is being considered. For example, the period can be reduced to 2 weeks. Of course, if an application for issuance was first submitted, and then the employee received a work book in his hands due to dismissal, the copy will no longer be valid.

Sample application for issuing a copy of a work record book

According to the rules of record keeping , the application has a standard structure:

1. The first thing that needs to be written down is the full name of the company where the applicant works. This information can be indicated on the left or right. Next, the manager’s details are written here - full name, position. Sometimes the boss’s data is replaced with the data of a personnel administration specialist - this nuance needs to be clarified directly at the enterprise.
2. The next thing that needs to be indicated is the position and full name of the applicant.
3. The last line in the registration header is the date of the application and the city in which the company is registered.
4. After this, the word “statement” is written in the middle of the sheet, with a period at the end.
5. Next comes the text of the request for the issuance of a work book.
6. When the text is compiled, you need to put a personal signature at the bottom of the sheet with its transcript.

Grounds for issuing a duplicate work book. Employee statement

The work book (hereinafter referred to as the LC) is the main document confirming the employee’s work experience (Article 66 of the Labor Code of the Russian Federation).
Like any document on paper, it can be lost or rendered unusable, which makes it impossible to maintain and use it further. The Government of the Russian Federation (clauses 31–33 of the Decree “On Work Books” dated April 16, 2003 No. 225, hereinafter referred to as Resolution No. 225) provides for the employee’s right to receive a copy of it, equal in legal force to the original (duplicate), in such cases as :

• loss of technical equipment by an employee (if he had it, for example, during the period between employment with different employers) or through the fault of the employer;
• massive loss of technical equipment at an enterprise in the event of a fire, accident and other natural disasters;
• damage to the TC form (stained, torn, etc.);
• invalidation of any entry (for example, dismissal or transfer).

To obtain a duplicate, the employee must contact his current employer or last employer (if he was not working at the time of loss or damage to the labor contract) with a corresponding application. A sample application for a duplicate work book can be downloaded from the link: Application for a duplicate work book.

Important! Despite the introduction of “electronic work books” (a system for submitting information about employees to the Pension Fund), previously issued books are valid if the employee has not refused it and requests that a work book be issued for him as before.