The loss or damage of documents always causes trouble. Some of them are restored relatively quickly and easily, while others are the opposite. Many of us do not even have a clue what to do if we have lost our work book. What to do in this situation? How is the work book restored: independently or through the employer?
Causes of loss
65 article of the Labor Code of the Russian Federation states that at the time of hiring a newly-made applicant must provide a work book. This document contains both the biographical data of the individual, as well as information about previous employers, the period of employment and the reasons for dismissal. Quite often, situations arise when a new employee cannot provide a work book because of its loss. If I lost my work book, what should I do?
First of all, a work book is a document that has legal force. The causes of loss may be as follows:
- The employee lost the document.
- The employer lost the document.
- The document was stolen.
- The book was lost due to natural disaster, natural disasters and other force majeure circumstances.
Worker's fault
In situations where the work book is handed out to employees, he is directly responsible for its safety. In this case, the loss of the book can be accidental or deliberate (for example, upon dismissal under the article). If the employee has lost the work book, what should I do? In any case, it is necessary to restore it or start a new one.
Most employed citizens naively believe that with the loss of a book you can buy a new one and transfer it to the personnel department. However, such actions can lead to loss of experience, which may affect the decision by the employer to accept a new employee in the staff. The issue of restoring a document is also important for people with a minimum experience.
Employer's fault
Even employers are not immune to the loss of work books of their employees. If the employer has lost the work book, what should the employee do? Definitely, the book needs to be restored, but the employer will deal with this issue directly. Moreover, the organization assumes responsibility only in cases where the employee was on staff at the time of the loss of the document. Also, at the request of employees, a copy or original of a receipt book can be issued.
Other reasons
Quite often, the loss of this document is caused by reasons beyond the control of the employee and employer. For example, it can be theft, fire, natural disasters, offenses by a third party. At the same time, the side of the employment relationship that the document was at the time of loss should restore the book.
Employee lost work record: what to do?
The algorithm for restoring a work book, if it was lost through the fault of the employee, is as follows:
- The employee contacts the organization where he was last employed or is currently employed, and writes a statement on the issue of a duplicate of the book.
- Within 2 weeks, the employer considers the application, and then issues a duplicate. It is during this period that the request of the former employee must be granted.
The employer is not obliged to enter data on past workplaces of the former employee in the new document. In the workbook, he indicates the total length of service in other companies without specifying their names and contact information on the basis of orders previously issued by the employee, labor agreements and other papers. The owner of the book can not independently fill out the book. Marks are made by an employee of the personnel department. In addition, if an employee has previously received awards and incentives for his work, this information should also be entered.
The following documentation must be attached to the application:
- orders for enrollment or dismissal,
- old labor agreements or their notarized photocopies,
- copies of payroll statements,
- account statement of the pension insurance system.
The application should be addressed to the immediate head of the human resources department. It should indicate the request for the restoration of the document, as well as the reasons for its loss.
If the organization is liquidated
If you have lost your work book, what to do when in fact the organization no longer exists? In this case, the employee should contact the Pension Fund department or the state archive. In addition, the document can be restored through the court.
However, the process of recovering information about seniority from a liquidated employer is rather complicated. In order to receive a certificate of seniority, you must first send a written request or come to the office of the state archive in person, where documents of a previously existing enterprise are stored. If the archive refuses to provide information, the employee may file a lawsuit.
If there is a copy
If I lost my work book, what should I do if I have a copy? Firstly, it should be remembered that only certified copies have legal force. Therefore, you can restore the book when there is a certified copy. The procedure for obtaining a new work book is greatly simplified when the employee has a copy of the old document certified by the organization. To receive a new book, it is necessary to submit to the employer an application for the issuance of a duplicate and a copy. However, if the employer has doubts about the reliability of the document, he may request additional information from organizations in which the employee previously worked.
What to do if the book cannot be restored through the employer
If you have lost your work book, what should you do if you cannot restore it through your employer? To do this, you can contact the same authorities as during the liquidation of the organization, namely:
- to the department of the pension fund,
- in the state archives,
- to court.
In the PFRF branch, you must personally write an application for the restoration of the work book. You can also send it by registered mail by mail with a notification. The procedure takes about 2 weeks.
The process of restoring a book through a state archive takes longer. To do this, send a written request to the local branch of the state archive.
The longest way to restore a work book is to go to court. In the course of the proceedings, requests are sent to former employers. When the company is liquidated or verification of the authenticity of the information fails, the testimony of witnesses is used.
The employer has lost the work book: what to do?
An organization can lose a work record for many reasons.
What to do if the loss of the document occurred due to circumstances beyond the control of the employer, for example, during a natural disaster. In this situation, the organization creates a special commission to investigate the loss of the work book. Its composition should include the direct head of the enterprise or its legal representative, as well as an employee of one of the executive bodies. After the investigation of the reasons is carried out, an act is drawn up, on the basis of which a duplicate of the document is issued.
And if, due to disrespect or negligence towards an employee, an organization has lost a work book, what should I do? In this case, the employer faces administrative liability in the form of a fine. At the same time, those employees through whose fault it occurred will be responsible for the loss. To restore the work book, it is necessary to request in writing from the organization:
- enrollment orders
- a copy of the employment agreement
- number of the personal account where the salary or certificate 2-NDFL is directed.
In addition, you need to send a request to the pension fund to receive an extract on the deductions made.
If the organization is guilty of the loss of this document, but refuses to restore it, the employee can contact the labor inspectorate or prosecutor's office. But if these actions did not have a result, it is necessary to file a lawsuit in court.
Organization liability
As mentioned above, the employer in the event of a deliberate loss of the book bears administrative responsibility. The amount of penalties is from 1,000 to 5,000 rubles for individual entrepreneurs and from 30,000 to 50,000 for legal entities. Also, the activities of the organization can be suspended for up to 3 months. Administrative fines can only be imposed in court proceedings. An employee has the right to recover part of the average earnings for days of delay in issuing a work book, as stated in article 234 of the Labor Code of the Russian Federation. Non-pecuniary damage may also be claimed.
Situations with loss of documents arise quite often. If you have lost your work book at work, what should you do? It definitely needs to be restored. The burden of responsibility for the restoration of the book falls on the other side of the employment relationship through the fault of which it was lost.