If I lost my work record, what should I do? What if the employer lost his work book?

Loss or damage to documents always brings trouble. Some of them are restored relatively simply and quickly, while others are opposite. Many of us do not even have a clue what to do if I lose my work book. How to be in this situation? How is the workbook restored: on its own or through the employer?

Causes of loss

Article 65 of the LC RF states that during employment, a newly registered competitor must provide a work record. This document contains both the biographical data of a natural person, as well as information on previous employers, the period of employment and the reasons for dismissal. Quite often there are situations when a new employee can not provide a work record because of her loss. If I lost my work record, what should I do?

First of all, the work book is a document that has legal force. The reasons for the loss may be as follows:

1. The employee lost the document.
2. The employer lost the document.
3. The document was stolen.
4. The book was lost because of a natural disaster, natural disasters and other force majeure circumstances.

Employee Wines

In situations where the work book is issued to employees on hand, it is directly responsible for its safety. In this case, the loss of the book can be accidental, or deliberate (for example, when you leave for an article). If an employee lost his work record, what should he do? In any case, it is necessary to restore it or start a new one.

Most of the employed citizens naively believe that if you lose 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 influence the decision of the employer to accept a new employee in the state. The issue of restoring the document is important for people with minimal experience.

Wines of the employer

Even employers are not insured against the loss of their employees' work books. If the employer lost his work record, what should the employee do? Unambiguously, the book needs to be restored, but this matter will be dealt directly with the employer. In this case, the organization takes responsibility only in cases when the employee was listed in the state at the time of loss of the document. Also, at the request of employees, a copy or the original of the book can be issued against receipt.

Other reasons

Quite often, the loss of this document is caused by reasons beyond the control of the employee and employer. For example, it could be theft, fire, natural disasters, offenses from a third party. In this case, the book must be restored to the side of the employment relationship, at which the document was at the time of loss.

The employee lost his work book: what to do?

The algorithm for restoring the work record, if it was lost through the fault of the employee, is as follows:

1. The employee applies to the organization where he was employed last time or is in the state for today, and writes a statement about the issuance of a duplicate of the book.
2. Within 2 weeks, the employer reviews the application, and then issues a duplicate. It is during this period that a former employee's request should be granted.

In the new document, the employer is not obliged to enter data on past jobs of the former employee. In the workbook, he indicates the total length of service in other firms without specifying their names and contact information based on orders previously given by the employee, labor agreements and other securities. The owner of the book can not independently fill out the book. The marks are made by the employee of the personnel department. In addition, if an employee has previously received awards and incentives for his work, this information must also be entered.

The following documents must be attached to the application:

• Orders for enrollment or dismissal,
• Old labor agreements or their notarized photocopies,
• Copies of payroll statements,
• An extract from the pension insurance system account.

The application should be addressed to the immediate head of the HR department. It should indicate the request for restoration of the document, as well as the reasons for its loss.

If the organization is liquidated

If you lost your work record, what do you do when the organization does not already exist? In this case, the employee should contact the Pension Fund Department or the state archive. In addition, you can restore the document through the court.

However, the very process of restoring information about the experience of the liquidated employer is rather complicated. In order to obtain a certificate of experience, you must first send a written request or personally appear in the office of the State Archives, where the documents of a pre-existing enterprise are stored. If the archive refuses to provide information, the employee may file a lawsuit.

If there is a copy

If you lost your work record, what should you do if you have a copy of it? First, it should be remembered that only certified copies have legal validity. Therefore, you can restore the book, when there is a certified copy. The procedure for obtaining a new work record is greatly simplified when the employee has a copy of the old document certified by the organization. To receive a new book, you must provide the employer with an application for a duplicate and a copy. However, if the employer has doubts about the reliability of the document, he can request additional information from the organizations in which the employee previously worked.

What to do if the book can not be recovered through the employer

If you lost your work record, what should you do if you can not restore it through the employer? To do this, you can apply to the same institutions as when the organization is liquidated, namely:

• In the pension fund department,
• In the state archive,
• to court.

In the branch of the PFRF it is necessary to write a personal application for the restoration of the work record book. You can also send it by registered mail by mail with a notification. The procedure takes about 2 weeks.

The process of restoring the book through the state archive takes longer. To do this, you must send a written request to the local office of the state archive.

The longest way to restore a work record is to go to court. During the consideration of the case, the former employers are sent requests. When an enterprise is liquidated or the authenticity of information is not verified, the testimony of witnesses is used.

The employer lost his work book: what to do?

Losing an employment record organization can for many reasons.

What to do if the loss of the document occurred due to circumstances beyond the employer's control, for example, during a natural cataclysm. In this situation, the organization creates a special commission to investigate the loss of the work book. It should include the immediate manager of the enterprise or his legal representative, as well as an employee of one of the executive authorities. 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 to the employee, the organization lost a work record, what should I do? In this case, the employer faces administrative liability in the form of a fine. At the same time, the employees responsible for the loss will be those whose fault it occurred. To restore the work book, you must request in writing from the organization:

• Orders for admission to the state,
• A copy of the employment agreement,
• Number of the personal account, where the salary is sent or a certificate of 2-NDFL.

In addition, you need to send a request to the pension fund to receive an extract from the deductions made.

If the organization is guilty of the loss of this document, but refuses to restore it, the employee can apply to the labor inspectorate or the prosecutor's office. But if these actions had no effect, it is necessary to file a statement of claim in court.

Liability of the organization

As already mentioned above, the employer, with the intentional loss of a book, bears administrative responsibility. The size of the penalty is from 1000 to 5000 rubles for IP and from 30,000 to 50,000 for legal entities. The activity of the organization can also be suspended for up to 3 months. An administrative fine can only be imposed in court proceedings. An employee has the right to collect a part of the average earnings for days of delay in issuing a work book, as stated in Article 234 of the LC RF. Moral damage may also be recovered.

Situations with loss of documents arise quite often. If you lost your work record at work, what should you do? Definitely it must be restored. The burden of responsibility for the restoration of the book lies on the side of the employment relationship, through the fault of which her loss occurred.