How to restore a work record through the Pension Fund?

Rules for the maintenance and storage of labor

In accordance with current legislation, the work book is included in the list of strict accounting forms. This means that you need to treat it with extreme care and attention, preventing it from falling into the wrong hands. This is due to the fact that based on the entries made in the labor record, the employee’s total length of service is subsequently calculated and a pension is calculated.

During the period when a person is officially working, the work record is kept by his employer under the supervision of a personnel specialist or secretary.

At this time, this employee bears full responsibility for the document, including financial, i.e. if the work record suddenly disappears, the company representative will restore it at his own expense.

However, sometimes the labor document ends up in the hands of a citizen. This happens, first of all, when he is unemployed or for some reason is forced to take work from the employer. It should be noted that in most cases, to provide information from the employment record at the place of request, it is enough to take a certified extract or copy of the book from the place of work, but as for some government agencies, for example, the Pension Fund or bank credit institutions, they often only ask for the original document .

And during this period, no one is insured against loss of employment or its loss (the latter may be associated with some emergency circumstance - fire, flooding, accident, etc.).

There is no penalty under the law for the loss or loss of a document, but its restoration is primarily the concern and responsibility of its owner.

In this case, even partial damage to the work book - burning, lack of sheets, indelible dirt, etc. serves as the basis for replacing it and obtaining a new form.

How to make a duplicate of a work book

Following the former employee’s request for a duplicate of the lost document, the law gives management 15 working days to restore the book. In this case, you will initially need to obtain a written request from the employee. There is no single mandatory form for such an application. Therefore, it is not at all difficult to draw up an application for the issuance of a duplicate work book. The sample can be made in any form.

It is permissible to enter information into the restored document only on the basis of supporting certificates, personal accounts, extracts from orders, salary slips and other similar sources. And when the employee presents additional information about the length of service, it may be necessary to clarify this. In general, the sample for filling out a duplicate work book based on certificates coincides with the general principles of drawing up this document.

It also happens that the enterprises where an employee previously worked have long been liquidated. Then there is a need to contact archival services to obtain additional information. The employer should assist its employee in this.

In addition, the registration of a duplicate work book according to the sample may be preceded by the creation of a special commission of officials and employers. They do this in case of unforeseen disasters, etc. The commission collects information about the employee: length of service, position, period of performance of work duties. It also draws on the experience of their other organizations.

The composition of the commission, based on the results of whose activities it is necessary to generate a sample of a duplicate work book based on certificates , may include heads of departments, representatives of trade unions and other interested parties.

Establishing the fact of work is permissible on the basis of the testimony of at least 2 witnesses.

Based on the results of the research, a report is drawn up containing the necessary information about the length of service. As a result, the issuance of a duplicate work book is accompanied by the use of the information received.

If it is impossible to obtain information about work experience in any other way, it is permissible to establish work experience in court.

Within what period must the employer issue a new book?

After the application leaves for its destination, a new work book must be issued within two weeks. But the collection of previous records should be carried out by the person through whose fault the loss of the previous document occurred. If it is the owner himself, then you need to go to the former places of work and ask them to put the necessary stamps on the work record. If the loss occurred through the fault of a company employee - during the period when the book was in the safe custody of the employer - he must take care of its restoration.

How to get a duplicate work book if lost

Any employment is accompanied by the presentation of a number of documents to the personnel department, including a work book. It contains generalized information about the applicant’s previous activities. The only exception is hiring part-time workers. For them, entries in the labor record are made at will.

If there is no labor document at all, the employer draws up this document from scratch, if the person has not worked anywhere before. Or fills out a duplicate work book if the employee loses it.

If there is no document before starting another work activity, management must require the employee to provide a written explanation indicating the reasons.

The applicant has the right to restore the lost document. This may require:

1. Initially, an application for the issuance of a duplicate work book . You should contact him at your previous place of employment.
2. The previous employer generates all available information about the total length of service, incentives received, period of work and makes the appropriate entries no later than 15 working days.
3. If the work activity previously took place with several employers, then the sample for filling out a duplicate work book in case of loss must correspond to the real facts. Data is entered on the basis of certificates and other documents. Sometimes you can even use the testimony of witnesses about the experience. And in the event of liquidation of an enterprise, the required information is usually sought in local archives.

Also see “Is it possible to have two work books at the same time: consequences and responsibility.”

How to formulate a statement, features of the document

If you are reading this article, then you are probably faced with the task of drawing up a statement about the loss of your work book. Before providing you with a detailed description of the document, we will give some general information that is relevant to all such papers.

1. First, keep in mind that almost any application today can be written in any form (with the exception of those submitted to government agencies - where you usually need to fill out unified forms). Of course, if the employer requires you to formulate an application using the template he provides, you should use this method.
2. Secondly, a regular sheet of paper of any format convenient for you is suitable for the document - preferably A4 or A5. The application can be written manually or typed on a computer, but it is advisable to immediately check with the personnel department which option they need - printed forms are not accepted everywhere. If you have made an electronic text, you need to print it out in any case - this is necessary so that you can put your signature on it.
3. Make the application in two copies - give one of them to the employer’s representative, keep the second for yourself, having previously secured a mark on it that you have received a copy. In the future, such a precaution may help you - for example, if an employee of the HR department states that there was no statement about the loss of employment and refuses to issue a duplicate.

An employee has lost his work book: what to do?

What to do if the employee himself has lost his work book? In this case, in accordance with clause “Rules for maintaining and storing work books”, approved by government decree No. 225 of April 16, 2003, if the work book is lost, the employee is given a duplicate. To obtain it, you need documentary evidence of previous work experience. The employee will have to collect the necessary documents independently.

The whole process consists of several successive stages:

1. Collect documents confirming previous places of work (copies of orders for admission, transfer, dismissal; certificates of the period of work, employment contracts, extracts from the personal account of the insured citizen, etc.).

2. Submit an application to the employer about the loss of the work book with a request to issue a duplicate.

3.Apply the seals and signatures of previous employers to the new work book.

The application should be written to the head of the company or other responsible person at the last place of work. For example, in a large company this is the head of the personnel department. The application is submitted through a personnel department employee, secretary, accountant, and in a small organization - directly to the director.

If your work book is lost during a period of temporary absence from work, you should also contact your last employer. 15 days are given for the issuance of a new document from the date of submission of the application. After receiving the book, you must visit your former places of work with a request to affix the appropriate marks and seals.

Sample application for loss of work record

Now we come to the main part of our article - the example. It must be said that this document is not particularly difficult to draw up - based on the sample presented below, you will be able to write your application without any problems.

So, in order. At the beginning of the document, indicate to whom you are addressing it: here you must indicate the position, full name of the head of the company in which you work (or worked), as well as the name of the organization itself. Next, enter your details - also your position and full name. Then, in the middle of the line, write the word “statement” and put a period.

From a new line, inform the employer about the actual loss of the work book. It is not necessary to write the reasons for the loss - there is no such requirement in the legislation. Further referring to Art. 65 part 5 of the Labor Code of the Russian Federation, ask to issue a new labor document. Finally, sign the document and hand it to the responsible employee.

Restoration activities

When responsibility for the loss of a form is assigned to its owner, an employee is responsible for data recovery. Here is the algorithm of actions if the work book is lost by an employee:

• contacting the last employer to obtain a duplicate work permit. To do this, you must draw up a written application and record the date of its submission;
• Having received the application, the employer creates a duplicate book. The employer is given 15 days to prepare a duplicate. The head of the enterprise cannot refuse to satisfy such a request;
• The restored document contains a record of the total length of service without details by employer. The basis for reflecting data by one employer are orders for hiring and dismissal from a person’s previous places of work, employment agreements.

Subject to filing an application for the loss of a work book with samples of documents confirming length of service and non-material labor awards, the employee can expect that not only the accumulated work experience will be recorded, but also the section on incentives will be filled out. In a situation where there is no one to contact (for example, the last employer was liquidated), it is necessary to submit a request to one of the government agencies:

• Pension Fund of the Russian Federation - 10 days are allotted for preparing the certificate from the date of registration of the application;
• State Archive - it is this organization that, in case of loss of a work book, issues accurate information about the length of service;
• court (upon receipt of a refusal to provide data from other structures).

If the employer is found guilty of missing the form, the employee must initiate recovery procedures by writing a statement and submitting it to a human resources specialist. If the employer does not respond to the employee’s written request, the owner of the lost form has the right to file a lawsuit. What should an employer do if his work book is lost? Request information from the employee and the personnel services of previous employers about periods of employment and enter them into a duplicate labor report.

If the form was lost unintentionally, then the employer has only the obligation to restore the data. In case of intentional damage to a document or its loss, financial liability measures are applied. In this situation, the employee can seek compensation through the court for the delay in processing the duplicate.

Payment is assigned for each day of delay. If you do not have a lot of experience and labor-intensive restoration procedures, you can issue a new work book to replace the lost one.

How to make an application?

When you contact the nearest branch of the fund, you will most likely be required to draw up a special application for restoration of the book. There are a number of requirements for the form and content of such an appeal. So it should contain:

• Name of the organization, its actual and legal addresses;
• Full name and position of the fund manager;
• Full name and address of the applicant;
• Name, address of the enterprise and the approximate period of work there;
• Reason for restoring the work record;
• List of documents that will be attached to the application;
• Date and signature of the applicant.

Sample application for restoration of tinder.doc

To avoid further disputes, it is recommended to draw up two copies of such an appeal at once, one of which is handed to the official, and the other remains with the applicant. In this case, the second document must be marked with a receipt to confirm its authenticity.

You can either submit an application to the Pension Fund in person or send it by registered mail with notification. Government officials have 10 working days to consider your request. After this period, they are required to issue a certificate of your work experience. It should indicate your period of work, as well as your total length of service and a list of companies in which you worked throughout your career.

Procedure

Losing a work record can happen to any employee. If such a situation arises, you must immediately take all possible measures to restore this document. So, if for some reason you are unable to request the necessary information from all previous employers, in this case it is advisable to contact the Pension Fund. To restore the form to this department, you need to:

• Prepare an extract or copy of the work record book, if any;
• Collect all necessary documents;
• Write an application to restore your work record;
• Obtain information about your work experience and submit it to the employer;
• Get a duplicate of the work book.

As a rule, restoring a work book if lost is a forced procedure that involves issuing a duplicate document. It must contain all the same information that was in the original. The title page of the duplicate is designed similarly to the main page of the primary copy. As for information about the employee, they are entered on the title page in accordance with the data current at the time of registration of the duplicate. For example, if the last name or first name of the owner of the work record changes, the duplicate will contain only “fresh” information.

There is no state fee for applying to the Russian Pension Fund. This means that this procedure is absolutely free. If you are required to pay money for providing this service, you can bring an employee of the organization to administrative liability. You have the opportunity to complain to the head of the fund’s client service or immediately prepare a complaint to the manager of the regional branch of the Pension Fund. In addition, you have the right to sue the negligent employee.