What to do if you lose your work book

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According to the Labor Code of the Russian Federation, the work book - binding document when applying for a job. Its presence gives a person the right to claim to receive labor pension. Therefore, the loss of employment can lead to serious trouble. Cases of loss of this document are possible both through the fault of the employer, and in emergency situations. Also, the employee himself can lose the book.

In this article, we will answer the most frequently asked questions: is it possible to recover work book at loss? What threatens the employer? Who can issue a duplicate? In addition, we will tell you whether it is necessary to confirm the loss of labor and how to correctly draw up an application for the replacement of a lost document.

Often, employees are faced with the need to restore a work book, motivating this for a variety of reasons. Consider situations in which a duplicate document is required:

• The book was lost by an employee;
• "Labour" was stolen;
• Loss of book as a result emergency(natural disasters, man-made and environmental disasters).

Loss can be accidental or intentional. In all of the above cases, the responsibility for restoring the book lies with the person who had it at the time of loss. As a rule, the “labor” is located at the main place of work, so the decision on this issue falls on the shoulders of the employer. But sometimes the employee has to take care of the duplicate on their own.

Procedure

The loss of a work book can happen to every employee. In such a situation, it is necessary to immediately take all possible measures to restore it. So, What should be done in case of loss of employment?

• Determine where the book was before its loss;
• Submit an application to the employer about the loss of the work book;
• Confirm the work experience with the necessary documents;
• Contact the Pension Fund;
• Write an application to the territorial branch of the State Archive;

Immediately after you learn about the loss of the document, you should apply in writing to your last employer. Within 15 days from the date of receipt of the application, he is obliged to issue you a duplicate. It should contain generalized information about the entire work experience of the employee.

If the employer refuses to restore the "labor", you can contact the local branch of the Pension Fund. To do this, you need to draw up and submit an application in person with a signature on delivery or send it by registered mail. 10 days after consideration of the request, the pension authorities will issue a certificate of your seniority. It is also possible to restore the labor with the help of the archive at the place of registration of the company. In such institutions, all documents of enterprises, including liquidated ones, are stored.

In the event that the employer deliberately does not return your work book, file a claim against him. In court, you can also demand to restore the lost document, as well as pay you moral compensation. The trial itself will not take you more than two months.

If an employer loses a work book, you can bring him to administrative responsibility. He can be fined from 1 to 5 thousand rubles. In the event that your boss is a legal entity, the amount of punishment will be from 30 to 50 thousand rubles. Moreover, for such offenses, the activities of the organization may be suspended for a while.

How to make an application?

The simplest case is if you lost your employment at your first job. To restore the document to you It is enough to write an application addressed to the employer. There are a number of requirements for the form and content of such an appeal. So, it must contain:

• header. This should indicate the name of the organization, the full name of the employee, as well as the full name of the document - “Application for the issuance of a duplicate work book in connection with its loss”;
• Information part. This paragraph implies the reasons for the loss of labor and excerpts from normative documents- usually this Labor Code RF. Submit a request for a duplicate, and do not forget to provide data on your work experience;
• List of attached documents;
• Date and signature of the applicant.

What documents are needed?

In order to restore a work book that indicates several places of work, you will have to confirm your length of service with the relevant documents. They will need to be presented to the last employer along with an application for a duplicate. So, you will need:

• A copy of the labor, certified by a personnel officer or accountant;
• Employment agreements from all previous jobs;
• Orders for hiring, dismissal, announcement of gratitude, etc.;
• Certificates and statements of payroll;
• Certificate of seniority from the Pension Fund;
• Extracts from the state archive;
• The decision of the court on the restoration of seniority.

The work book is an important document that reflects the most complete information about the labor activity of a citizen and is calculated from the first working day of its owner.

In the Russian Federation, a work book is necessary when applying for a new job, and is also the basis for, therefore, its loss is always fraught with negative consequences primarily for the owner.

Since you cannot be insured against anything in life, you should know how to restore a work book if it is lost and where it can be restored.

Consider how to restore a work book in case of loss.

If the work books were lost by the employer in large quantities, the enterprise creates a special commission that will deal with the restoration of documents.

Make inquiries to enterprises where employees previously worked, to archives and other bodies that can help in obtaining the necessary data.

Confirmation of work experience in a liquidated organization

If the enterprise is liquidated, do not despair - all information about employees, their positions and work experience is stored in the state archive and the Pension Fund of the Russian Federation, so it will be possible to restore the work book. In addition, you can apply to the court for confirmation of work in a liquidated organization.

How to restore a work book through the Pension Fund?

To obtain data from the Pension Fund of the Russian Federation, you must submit a request - in person or send by mail, preferably in the form of a registered letter with acknowledgment of receipt.

Employees of the Pension Fund are given 10 days to process information, after which they are required to submit certificates of the places where the applicant worked, indicating positions and length of service.

True, you can use this method when it comes to recent years(starting from the 2000s), when a personified record of the labor activity of each citizen was introduced in the Russian Federation.

Restoration through the State Archives

How to restore a lost work book through the state archive?

To receive you need to necessary information from the state archive, you should apply there with the appropriate application.

After processing the information, the employees of the institution will make an extract from the documents and issue a certificate, on the basis of which it will be possible to confirm the lost data - the positions and the number of years that the plaintiff has worked at a particular enterprise.

Applying to the court for the restoration of a lost work book

According to Russian legislation, the employer does not have the right to refuse the employee to restore the data of the work book. If such a fact takes place, a citizen has the right to seek help from the courts.

Also, an appeal to the court may be required if the archive does not contain the necessary documents on the activities of the enterprise. Such a picture can be observed at enterprises that operated during the “dashing 90s”, when the provision of information to the archives was not regulated by law. The same applies to organizations that have worked in Soviet time and provided incomplete information about their employees.

If a citizen is faced with a similar situation, he should defend his case in court.

To do this, an application is submitted to the court at the place of residence with a request to establish facts of legal significance.

Often citizens ask the question whether it is possible to restore a work book if it is lost. First of all, you need to determine the person responsible for the loss of the document. If the employer is guilty of this, the actions should be as follows:

In case of mass loss or damage, the restoration of the work book in case of loss by the employer occurs with the help of a specially created commission. She directs inquiries to previous employers. In response, they send a certificate of the period of work, position, length of service of former employees. Also, the necessary information can be obtained by contacting the archive and in Pension Fund. With the help of the collected information, the form is restored.

How to recover a document lost or damaged due to the fault of an employee?

It is not uncommon for a citizen, during employment, to inform the employer that his document has been lost or has become unusable. How to recover a lost work book in this case? If the person himself is guilty of the loss of the form, then he will restore it himself. However, the employer must provide him with assistance. In this case, the citizen must submit an application addressed to the director with a request for a duplicate. The manager has no right to refuse him. Information is restored using official certificates from previous employers and information received from the pension fund. To do this, the personnel officer sends requests to the right organizations. Within fifteen days after receiving the application, the head of the company must issue a duplicate to the employee.

The application for its issuance must be recorded as incoming correspondence with the secretary. Its text may sound as follows: “I inform you that my work book has been lost. In this regard, on the basis of Part 3, Clause 33 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation dated 04.04.03 No. 225, I ask you to give me a duplicate of the work book ”

It contains the signature of the applicant, his surname and initials, as well as the date of submission to the head.

How to restore a book if a person does not work?

There are situations in which a person's property can be lost or damaged (theft of documents, fire). What should a citizen do if his form is lost, and he himself is on this moment does not work? In this case, for help in restoring the document, he can contact:

to the previous employer;

• to the judiciary

The same can be done by a citizen whose previous employer was liquidated.

We will tell you in detail how to restore a work book through a pension fund. To restore the form, a person can contact the nearest branch of the FIU and apply for the issuance of information about the length of service. It is written in the same form as the application for a duplicate, submitted by the employee to the employer. A few days after receiving the request, the certificate will be ready. This service is provided completely free of charge. You can also request the restoration to the archive.

Now you know what to do in case of loss of a document of experience. Information from it can be restored and a duplicate can be obtained, which will replace the lost form.

Express your opinion about the article or ask the experts a question to get an answer

AT recent times many people began to wonder how to restore a work book or make a duplicate of it first if necessary. In fact, this information is important for any person who officially works in a certain company and accumulates his own work experience, since situations happen in a variety of ways, and it is best to always be prepared for them.

When is a duplicate issued?

It is worth noting that duplicates are made only in certain cases, since restoring an employee's work book is one thing, and issuing a duplicate just like that is a completely different matter for a manager. Thus, in the overwhelming majority of cases, duplicates are issued in the following cases:

• loss of a valid work book;
• the book, due to one reason or another, has become unusable;
• an entry was made in the work book that the employee was being transferred or was dismissed, but this entry was subsequently invalidated.

It is worth noting the fact that in the latter case, the employee in without fail a duplicate is issued, into which all the records that included his original work book are transferred, with the exception of the invalid one, since the work book is restored in this case needed without this instruction.

Registration at the last place of work

It is mandatory to issue a duplicate work book at the last place of work, regardless of how long ago the employee was fired.

If necessary, you can always contact the last employer in order for him to issue you a duplicate. This can be done even if you worked in his company several years ago, since he is obliged to restore the work book to you. A duplicate at the last place of work is issued regardless of the limitation of dismissal, since the fulfillment of this obligation by the employer is in no way limited by the terms in the relevant legislation.

A photocopy of a lost book, which was independently made by the employee, but was not certified in accordance with established order, cannot be the basis for issuing a duplicate.

What is the basis?

There are several documents confirming that there was a loss of a work book. How to restore it will depend on the cause of the loss and the characteristics of this incident.

The list of documents is as follows:

• a written statement from the employee;
• documents in accordance with which the period of labor activity of this employee is confirmed with this particular employer, as well as with other employers. Among such documents, it is worth highlighting a certificate from previous places of work, specialized certificates from archival institutions that confirm the employee's work experience in the event of the liquidation of the organization where he used to work, as well as all kinds of employment contracts that were concluded with previous employers.

Important feature

In accordance with current rules storage and maintenance of the work book, the person who has lost this document must provide a written notification of this incident to the employer at the place of the last job. After that, the employer must provide the employee with a duplicate. This can happen up to 15 days after the application was submitted.

It is worth noting the fact that in this case the date of the loss of the work book is in no way taken into account. We have analyzed how to restore, now we can consider a number of features of the current legislation.

The new employer should not be engaged in the restoration of the work book

In the event that, after dismissal, the employee lost his own work book, or after a certain situation it became unusable, he will need to apply for a duplicate to the employer at his last place of work. Moreover, if he got a job at a new place of work, then the employer has no reason to deal with the restoration of this document.

How to confirm your own experience in the organization if it was liquidated?

In the event that you are trying to figure out how to restore a lost work book, but at the same time the company in which you used to work was liquidated, it is quite natural that certain problems arise in order to fully restore your own work experience and, in fact, , the fact that you were an employee of this organization. In order to obtain the relevant documents, you should send an individual request to a specialized archival institution, which stores all the documentation of this organization, including also documents from the personnel department.

What to do if the archive did not help?

If the relevant information remains, the authorized bodies will issue a relevant certificate to you, but if the necessary data is not in the archive, you will already need to apply to the court with a request that you establish the fact of working in a particular company, which will have legal significance. To confirm your words, in this case you will need to have at least two witnesses who can confirm in writing the fact of work, as well as provide some documentation that could be at least indirect evidence that you were previously an employee of this organization, since otherwise you will not be able to restore the lost work book.

What should be taken into account?

Before making an appeal to the archive or the court, you should figure out whether the this company was completely liquidated in the literal sense, and not simply ceased to exist due to merger, accession, separation and other procedures. In the event that the reason for the disappearance of the company is a reorganization, you will have to resolve all relevant issues directly with the successor of this legal entity if you have lost your employment record. How to restore in this case? In the same way as when submitting a request for a duplicate to your previous employer.

If you cannot prove to the court the fact that you worked in a certain organization, then you will completely lose this period of work from your own experience. However, it is worth noting the fact that these factors were important only until 2002, since at the moment not labor, but specialized insurance pension, for the accumulation of which the employer makes contributions directly to the pension fund. In this case, quite important point is that some employers may not deduct insurance premiums, and this will already be a serious problem if you have lost your work book. How to restore experience in this case? Most likely not, but it is best to consult with a qualified lawyer.

Can a new employer restore employment?

Even if a person has not yet managed to figure out how to restore a lost work book, this cannot be a reason for him to be denied employment, and when submitting an appropriate application for a new place of work, you can get another book. In this way, new employer will be able to contribute complete list records of your previous employment, based on the certificates you provide, employment contracts and other documentation.

The vast majority of modern lawyers highly recommends periodically making an additional copy of the work book, which must be certified by the employer's specialized seal. Using this copy, you can subsequently make the appropriate entries in the duplicate.

Thus, the new employer has the right to issue a work book to the person who lost it, but did not have time to figure out how to restore the lost work book before he was enrolled in a new job. It should be noted that in this case only a new work book is provided, and not a duplicate of the one that was lost. Among other things, the employer can assist the employee in restoring all the necessary documents that could confirm his experience. In particular, he may send relevant requests to the competent authorities.

How is the arrangement in this case?

In the process of issuing a new book, it is possible to use the procedure established for issuing duplicates. The work book contains a complete list of information about continuous or general experience work of an employee before he joined this employer. These are data that must be supported by appropriate documentation. The total work experience is recorded in total, that is, it is indicated in the total number of months, days and years of work, without specifying the employer and the period of work in the direct position of this employee.

It is worth noting the fact that, in principle, the total record of work periods that is entered in the work book, based on various documentation, is not a direct confirmation of the length of service for the subsequent registration of a pension if there are no specific entries in the book about at what time, in what company and in what position this employee worked before he started working in the company that provided him with a work book. In this situation, all documents that could confirm the period of work with certain employers must be provided to the pension authority. This must be done if you are looking for a way to properly restore a work book.

What should I do if there is not enough information in the submitted documents?

There are such situations on the part of employers when an employee provides a certain list of documents, but at the same time there is not enough information regarding his work experience. In such a situation, only the available information should be included in the duplicate. The length of service can subsequently be confirmed by providing extracts from personal files, cards, orders, statements for payment wages and a number of other documents.

How else can you confirm the length of service for a pension?

It is worth noting the fact that even if a person has figured out how to restore a work book, subsequently the duplicate will not include all his places of work, but at the same time this book is the main document that confirms the length of service.

If a duplicate of this document is issued to an employee, not all information regarding where he worked and for how long may be entered into it. For example, if at the time of issuing such a duplicate, the employee did not provide certain documentation, such data is not affixed.

At the same time, when figuring out how an employer can restore an employee’s work book, one should not forget that making any entries about previous places of work retroactively is prohibited in accordance with applicable law, as a result of which quite often a situation occurs when a duplicate The work book includes an incomplete list of information.

Making a duplicate in case of errors

If there are a sufficiently large number of errors in the existing work, you should also figure out how to restore the work book (Ukraine or Russia - it does not matter). For example, a certain employee is going to get a job in a company, but at the same time his work book contains a huge number of various violations. In such a situation, it is not necessary for the personnel officer to use the collected certificates in order to issue a duplicate to the employee. Without fail, this procedure is carried out only in case of loss or unusability of the document, as well as in those situations where the entries made on the transfer or dismissal are invalid.

If the labor includes any other gross violations, the employer should not figure out how to restore the work book to a pensioner or anyone else.

2018-09-06T10:05:50+00:00

The loss of a work book is unpleasant news, especially for those who have accumulated a significant work experience over the years of work. How to restore a work book in case of loss, damage. What if the employer no longer exists. Who to contact, and when? How to restore a work book with the assistance government agencies?

The loss of some things saddens us, upsets us, and discourages us. But the loss of a work book can plunge anyone into a panic. After all, this is not just a document, it reflects all labor activity, promotion, production awards, and so on.

And there is nothing particularly terrible if a person has worked in one place all his life, but what if there were dozens of such places. How to restore a work book in case of loss, and in what cases is it possible.
The answers to these and other questions are provided below.

What does the law on the restoration of the work book say

Let's start with the fact that the law does not use the concept of "restoration" in relation to the work book, it is used only in practice. The law uses the term "duplicate", and the procedure for its issuance is regulated in detail.

Paragraphs 31 - 32 of the Rules for maintaining and storing work books, preparing forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 (hereinafter referred to as the Rules), as well as paragraphs 7.1 are devoted to cases and the procedure for issuing a duplicate. – 7.2. Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (below in the text - Instruction).

Consider how you can restore the lost work book.

The meaning of the book

This document is a strictly established form of a book. Currently, several of its samples are recognized as valid, since they used to be issued by the Soviet Union, and now Russian Federation. Last modified was produced in 2003. The book contains the following information about a person:

• His education, it is indicated on the first page of the document.
• Number of years worked. Each working period is recorded in the book. According to this information, the employer calculates the total length of service of a person. The calculation of vacation and sick days depends on this amount.
• Positions held by a person. When registering a person for work, the assigned position must be written in the book. If it is subsequently changed, a corresponding entry shall also be made.
• Reasons for dismissal. An employee cannot be fired just like that, because his rights are protected by the Labor Law. For this reason, there are several main reasons that can be grounds for dismissal. They must be included in this document.
• The name of the employer. Be sure to indicate the full name of the organization in which its owner was employed.
• Incentives and Rewards. In case of any awards, an entry is made in this document. All reprimands are also necessarily recorded, since in case of violation of discipline and other violations, the employer has the right to terminate the employment contract with the employee.

All this information may be required in various life situations. A work book is requested when applying to a bank for a loan, when applying for various benefits, benefits, pensions. And also it will definitely come in handy for a new job. Often, at interviews, managers make a decision about the selection of a candidate based on his experience. And it is confirmed in most cases by this document.

What to do if you lose your work book in the first place

If you are not going to change your job in the near future, then you should not rush to draw up a new document.

In addition, if you had only one or two marks that are not essential for building a future career, then it is not necessary to restore them. In this case, it is worth buying a blank work book when you go to a new employer.

Before applying to government agencies for the restoration of the book, you need to collect in advance Required documents, which will significantly speed up the process of making a duplicate:

• Identification document (passport);
• Empty work book;
• A photocopy of the lost document (if available);
• Contracts with organizations that you signed when applying for a position;
• Information about transfers and new appointments;
• Data from the FIU on seniority.

How to restore a work book yourself

Recovery of a lost work book depends on many factors. It is important who lost the document, if it was an employer, then do not worry, all the worries about restoring it and issuing a duplicate will fall on him. But if the loss occurred due to the fault of the employee, then you will have to run around to recover the data.

The age of the employee who lost the document is also of great importance. If this is a young person, and the work was not too important for him in terms of gaining experience, then you can simply start a new book. At the same time, the data will still be present in the total length of service, since information on deductions is entered into personalized records. Older people will still have to restore the work book by obtaining a duplicate.

If the document is lost, you should apply for a duplicate at the last place of employment. Within 15 days, the enterprise is obliged to issue a duplicate of the work book. By the way, this is also possible when replacing a book that has been damaged or has become too old.

It should be understood that the employer will not be able to provide filling in data on work at other enterprises on their own simply from memory. To do this, you need to submit certificates about the time and place of work in other places.

How to recover a lost work book. Action plan

1. The first step, as mentioned above, is to determine who is responsible for the loss.
2. Next, we write an application for the restoration of the work book (issuance of a duplicate) to the last employer due to its loss. The last employer, within 15 days from the date of presentation of such an application, must issue a duplicate of the work book. Important: in order to fix the date of writing and presenting the application to the employer, it must be submitted in person and against signature of acceptance, or by registered mail with acknowledgment of receipt. If in If the employee himself is guilty of the loss of the work book, then he will restore the missing information about the work experience himself. However, the employer may assist his former employee. In case of guilt in the loss of the employer, this assistance will become his responsibility. In case of mass loss of work books, information on the length of service of employees is restored by a specially created commission, which is convened from among employers, members of trade union organizations, state bodies and other interested persons.
3. The procedure for restoring the book is the same for all organizations and occurs by sending requests to previous employers, who, in response to a request, provide a certificate of the period of work, position, work experience to the applicant.

When can a duplicate of a lost work book be issued?

With work books, troubles such as:

• its loss by the employee himself;
• its loss by the employer with whom it was kept;
• its unsuitability due to mechanical and similar damage (torn, burned completely or partially, filled with liquid, etc.);
• mass loss due to emergencies (the law separately highlights such a case).

In all these cases, the Rules prescribe a duplicate (in fact, they regulate how to properly restore a work book).

Note that if an employee is employed who does not have a work book and claims to have lost it, he is allowed to start a new one, and not write out a duplicate.

Similarly, in the situation of hiring a citizen with a damaged work book, you can issue a duplicate, or you can get a new one.

In other situations, the employer's procedure has some differences.

Is it possible to restore a work book from a photocopy?

If an employee has lost a work book, the following documents are the basis for restoring the book:

• employee statement;
• documents that may be proof of work with previous employers (orders, certificates, etc.).

How to restore a work book if it is lost, using a photocopy? Despite the fact that a photocopy, it would seem, is a document that can greatly facilitate the restoration of a book, you need to know that photocopies are not recognized by law as documents confirming labor Relations. How to restore a work book if there is a photocopy? In this situation, a photocopy can only be used as a source of information: it contains a complete list of companies in chronological order, their positions.

What documents are required

Even before contacting government agencies, you can begin to collect a package of required documents for the restoration of a work book.

• Passport - needed to identify your identity.
• An empty work book - it will be filled in at the place of application. You can buy it at an office supply store. Check for watermarks so you don't get a fake.
• A copy of the old labor - if available. Perhaps a photocopy was needed to receive some government services, and you made an extra copy.
• Contracts with employers - if you do not find documents, try to remember the names legal entities for which you worked. Try contacting them online or by phone and ask them to send copies of the documents.
• Information about transfers and appointments - these documents confirm your movement up the career ladder within the same company.
• Information about work experience - can be obtained from the FIU.

If there were only a couple of entries in the old work book that are not of particular importance for your future career, you can not restore the work book. Just when applying for a new job, ask for a new work book.

There is another option, in which it is not necessary to collect documents. Apply with a request to restore the work book to the last employer. At the same time, the total length of service and only the last position held will be indicated in the new labor. To do this, write an application for a duplicate document to replace the lost one. In the appeal, indicate the reason for the appeal (clause 31 of the Rules for maintaining and storing work books), put down the date and signature with a transcript. Within two weeks, you will be given a new document without notes on past labor merits. If you need this information, you will have to personally visit past jobs.

Damage to the work book

It often happens that the worker's book is corrupted. This happens for various reasons. Basically, the document gets dirty, burned or torn. If this happens, then the employee can make a duplicate of his labor with the relevant records. Information is transferred to this document that can be read without problems (not damaged external factors). Inscriptions that cannot be read must be confirmed specified documents. The workbook (corrupted) in this case will be a document indicating the confirmation of the legality of the duplicate made. It is saved after making a note on the title page that a new document has been issued (indicating the number and series). A damaged book must be replaced without fail, since subsequently the Pension Fund or other organizations where it is necessary to present a work document will not accept an improper document.

Recovery through the multifunctional center

If you contact the MFC, you need to visit the institution in person, you can make an appointment in advance. Be sure to take with you a document proving your identity - a passport.

Contact a specialist of the center with a request to provide a form for filling out an application for the restoration of a work book. Write down all the necessary information in legible handwriting and give the application to the specialist of the center.

The advantage of this method is that you do not have to contact all the previous employers yourself.

However, the staff of the center will send a request to the State Archives. If there is no information about your work experience, then they will not be displayed in the book either.

Recovery through the Pension Fund of Russia

To issue a duplicate work book to the FIU, you will need to prepare a passport and SNILS. Visit the branch in person this institution, to which you belong by registration or at the place of actual residence.

There you will be given an application form in which you will need to indicate your contact details and the reason for applying. After filling it out, you give it to the employee of the pension fund. If everything is filled out correctly, the specialist will inform you when the document is ready.

This procedure is free, you do not need to pay extra state duty. It should be noted that if your total work experience exceeds 15 years, then the data on places of work could not be saved in the archive, which will greatly complicate the issuance of a new document.

Recovery through the portal of public services

Portal public services in this case can only help as a consultant. When you enter the appropriate request, the resource will provide complete information on how to restore the lost document. In any case, you will need to contact the FIU or the previous employer.

Recovery through the court

This is one of the most reliable options for obtaining a duplicate. To initiate proceedings, you must submit a completed application to the court.

There you note the reasons for the loss of the document and indicate all the information you have regarding the total length of service.

The court itself conducts the proceedings and contacts all interested parties. If the company in which you previously worked was bankrupt or liquidated, then the testimony of witnesses, which may be former colleagues or superiors, is used to restore the document.

Despite its reliability, this method also has disadvantages. Per litigation you will have to pay. The amount is determined by the court, depending on all the nuances of the case. Another disadvantage will be considered a negative impression on interested parties from the subpoena.

How to restore labor through the archive

That part of the data that is not in the pension fund may be available in the state archive at the place of registration of the organizations in which you used to work. This is a more time-consuming process, however, in response to your written request, which is submitted according to the same rules as applications to all state authorities, you will also be given a certificate with the information you are looking for about the place and duration of the applicant's work.

If the work book is lost due to the fault of the employer

In accordance with the Decree of the Government of the Russian Federation of April 16, 2003 No. 223 "On work books", in a situation where the work book was lost by the employer (e.g. in the event of a company move or a fire), the organization will deal with the restoration of the document.

In order for the process to be official, the employee needs to file a statement about the loss of the document (found in open sources) and transfer it to the personnel department at the last place of work in person or by mail with acknowledgment of receipt.

If the employee has a copy of the work book (or the document itself, in case it is corrupted) It must also be attached to the application.

The time for obtaining a duplicate is 15 days from the date of application (Article 31 of the resolution "On work books"), therefore it is recommended to make 2 copies of the application, one of which is subsequently stamped with a mark of delivery (when sending by mail, the first day of receipt of the letter will be considered).

Important: the financial costs of restoring the work book are borne by the employer.

In case of refusal, the employee can sue the company.

If the work book is lost, and the employer is liquidated, how to restore the book?

There are situations when the previous employer is liquidated, i.e. ceased to exist, and no bodies responsible in this organization for labor activity employees no longer exist.

A hopeless situation at first glance can be solved through several options:

• applying for restoration to the Pension Fund of the Russian Federation;
• application for restoration to the State Archives;
• seeking reinstatement in court.

Restoration of a work book in case of loss, damage, if the employee previously worked in several organizations

Often, employees bring a damaged document and ask how to restore a work book. If parts of the pages are missing due to a break, the entries are incomplete, they are difficult to read, the book is invalid. You cannot add new entries to it. If you continue to maintain such a work book, the GIT inspector may fine you. And the employee may have difficulties in assigning a pension.

In this case, the last employer draws up a duplicate. Fill in the section "Information about work" as follows. First, enter information about the total experience for the period preceding admission to your organization, if there are supporting papers. Do not enter the company name.

Then make notes about the work in the company. Enter information about transfers, dismissal on the basis of available documents: an employment contract, agreements, a personal card and others. Enter information about the awards in the appropriate section.

Note! Ask the employee to bring the documents on the basis of which you will enter the information in the duplicate.

Keep in mind that they must be certified, since otherwise it will not work to restore the work book. Consider the features of restoring a work book in case of loss if the employee worked in another company that was liquidated. The process is not much different, but it can be difficult to find archives where documents are stored. You must provide assistance, which follows from paragraph 32 of Rules No. 225, paragraph 11 of Rules No. 1015, paragraph 7.2 of Instruction No. 69.