The work book is the main document that confirms the working experience of a person. And with the onset of retirement age gives the right to receive a decent pension. But what if, for some reason, the labor was lost or spoiled? Is it possible to replace the document, and how to draw up a duplicate work book. We will clarify the main aspects of this issue.
Definition
A workbook is a personal document confirming information about official employment and work experience of a citizen.
All information about this document is set out in Art. 66 of the Labor Code. The employment form should reflect the following information about the employee:
- Personal data.
- Data on the work performed.
- Information about transfers, awards and dismissals.
- Names of documents referenced by all actions.
When a duplicate work book is drawn up, it must correspond to the original and contain all the information that was indicated in the original copy.
An exception may be cases when the document indicated incorrect data or the record cannot be restored.
When issued
A duplicate book is issued when the use of the original becomes impossible. Such cases include:
- lost by an employee;
- lost by the employer;
- damage to the document;
- Incorrect data regarding dismissal or transfer.
Each of the items has its own characteristics.
If the original is missing, a duplicate is issued instead of the lost work book. Peculiarities of issuance consist in writing by an employee of an application for registration of a duplicate, making payment for a work form if the document is lost through the fault of the employee.
In some cases, a person may notice the loss of work not immediately, but some time after being fired and when trying to get a new job. What to do if the "old" employer does not want to draw up a duplicate, referring to the limitation of dismissal? Legislation on the issuance of duplicates of labor has not been approved by law. Therefore, the employee must insist on issuing a second document or go to court.
How to draw up a duplicate work book if the original has become unusable (burned, torn, dirty, wet)? A request should be made at the last job requesting the issuance of a second document. There should be a mark on the cover page of the book that this is a duplicate and a mark on the issuance of a new form. In the event that the records in connection with a labor damage are deleted or deleted, the employee must present documents certifying the length of service.
If the form is lost by the employer, the work experience of the employee can be confirmed by the commission. She needs to provide documents or copies of them that can confirm information about the profession and places of work. If there are no such documents, the commission may draw up an act based on the testimonies of several witnesses who know reliable information about the employment of a citizen.
Decor
Any citizen with an official seniority can issue a duplicate work book, regardless of the reasons for its damage or loss. A duplicate of the labor form is the same legal document with legal force as the original document.
The issuance of duplicates can be dealt with either by the employer or by a person authorized to issue labor, loose leaves and duplicates. This is usually a human resources worker or accountant. In rare cases, the secretary (if the company is small).
Documents that are necessary for the issuance of a second work book are provided by a citizen, but the organization is obliged to assist in every way in their receipt.
Cost
According to the rules of maintaining and storing work books, a citizen who has lost the work form is required to inform the employer of his last job. In this case, the head of the organization must give the applicant a duplicate of the labor no later than 15 days after writing the application.
According to the norms established by law, for a duplicate work book, the manager or an authorized person must have a sample of filling in, the organization has the right to charge a fee corresponding to the cost of acquiring a duplicate document form.
Payment is not taken only in the following cases:
- upon loss by the employer of all work books as a result of unforeseen circumstances;
- if the title page is not filled out correctly;
- in case of damage that did not happen through the fault of the employee.
Therefore, the organization has the right to charge for the provision of a duplicate of an employee who has already quit, or if the employee is to blame for the damage or loss of the document.
Algorithm
Consider the algorithm of how you can draw up a duplicate work book. In this case, the design procedure is established by legislative norms:
- A person who has lost the employment form must write a written application to the last organization where the citizen worked or works.
- The organization on this application collects information about the work experience of a person.
- An order is issued to issue a duplicate labor book.
- The duplicate form is drawn up taking into account the established rules, the information corresponding to the original document is entered.
- Information on the document issued repeatedly is entered in the register of employment forms.
- The citizen receives the finished document by putting a signature in the journal on its receipt.
How to draw up a duplicate work book - sample:
Documents
To get a duplicate of labor, it is necessary to collect and provide a number of documents that could confirm the citizen's labor activity. If there are none, the organization may contact the pension fund with a request about what activities were carried out and in what periods.
In the event of a massive loss of labor, the organization creates a commission that will identify the seniority of employees by requesting and processing data based on the information they provide.
How to draw up a duplicate work book? To begin with, you should write a statement, which should indicate:
- cause of loss;
- request for re-issuance of a document;
- date of compilation, citizen signature.
The application can be written by hand or in hard copy. Some organizations hold ready-made forms for writing such statements.
How to draw up a duplicate work book - sample application:
After approval and acceptance of the application, the head of the organization must issue an order to issue a duplicate.
The order should:
- contain the number;
- contain the main theses securing the basis for issuing a duplicate;
- published only in print;
- handed over for review to the person who requested the duplicate;
- have the signature of the citizen to whom the duplicate is issued.
If the above requirements are not met, the issuance of a duplicate of labor is considered invalid.
To confirm the working experience, the following documents are taken into account:
- Private bussiness.
- Orders for employment, transfer, dismissal.
- Identity cards of a citizen.
- Employment contracts.
- Settlement book.
What information is duplicated
How to draw up a duplicate work book? Registration should begin by filling out the cover page of the form, which should contain relevant information. This includes:
- surname, name and patronymic of a citizen;
- Date of Birth;
- availability and type of education;
- profession.
The validity of this data must be documented. Namely, a passport and an education certificate must be provided to fill out.
On the title page is the signature of the citizen receiving the duplicate and the authorized person, as well as the seal of the organization.
Duplicate work book - a sample of filling the title page:
Next, you need to enter information on work experience. To do this, in column 3, in the block "Information about the work", you must specify the total length of service. This information is not certified by seal and signature.
Next, fill in all the columns in order:
- Enrollment Date;
- information about the position, organization, grounds for dismissal or transfer;
- information about the document on the basis of which the data is entered.
Only those records that are documented are recorded in the duplicate labor record. Other information is not recorded. All entries must be made with a blue or black pen, blots, errors or abbreviations are not allowed, “Duplicate” is written in the upper corner of the repeated document.
Terms of issue
As it turned out, the whole process of filling out a duplicate begins with writing a statement. A response from the employer in the form of a duplicate should be received within 15 days from the date of application. The same rule applies to the former employer, to whom the employee can apply after dismissal. Here, the legislation does not provide for statutes of limitations.
Some nuances
There are times when the organization draws up a duplicate of the employment form, and after a while the employee finds the original document. In this situation, only one document can have official status, which was last recorded in the register of labor forms. Accordingly, it will be a duplicate. The original employee can leave in case you need documentary evidence of work experience in any authorities.
Duplicate entries are verified as follows:
- an authorized employee does not certify data on experience with a signature or a seal;
- after entering all the information about previous works, the signatures of the authorized person and employee are put on, as well as the company seal.
Invalid entry
How to draw up a duplicate work book if the original entry is invalidated? This fact is provided for in paragraph 1.2 of the Instructions. Typically, such a record is revealed either after the dismissal of the employee, or when he requests a copy of the document. If an error is detected, the employee must write a statement on the issuance of a duplicate without an entry that has been declared invalid.
Further, the repeated document is executed according to the same rules as in other cases. And accordingly, it will not contain entries deemed invalid.
If an employee quit
How to duplicate a work book if an employee quits?
It should be said right away that it will be unlawful for the employer to refuse to issue a duplicate to a citizen only on the basis that he has already quit, and also cannot provide data on the period of work after dismissal.
The organization is obliged to issue a duplicate based on the application submitted by the employee, regardless of whether he works in this company or not. In addition, the law does not provide for such reservations that a citizen is required to provide information about work that was carried out after dismissal.
A duplicate is issued to such a citizen on a common basis.
Ledger
After the duplicate of the work book is filled, information about it is entered in the labor register. Since the repeated document has the same legal force as the original, therefore, the rules for its accounting and storage will be the same. The difference is only in the mark "duplicate".
The work book is an important document that confirms not only human activities, but also is the guarantor of future pension accruals. And even though the legislation allows you to draw up duplicates of lost or damaged originals that have the same legal force, it’s better to be careful and prudent with the original work book. Indeed, the collection of information can take a lot of time, and for some reason some information may be lost at all. Therefore, it is important to carefully maintain, maintain, store this document.