LawRegulatory Compliance

Recovering the work book: who should do this?

A workbook is the main document that can confirm the length of the work experience. She accompanies him from the beginning of work. When taking a job, the employee must present his / her employer. This requirement is compulsory, and is carried out in accordance with the employment contract. The exception is only two situations (Article 65 TC) - if the employee first gets a job or if he came to work part-time (then his labor is at the main place of work). But there are situations when the labor for some reason is lost or it becomes unusable, or even completely disappears (for example, in case of fire, flood, etc.). Recovering a work record is a mandatory process. And it should not be restored by the employee himself, but by his last employer.

What is required for the restoration of the workbook to begin?

An employee who has lost his employment must write a statement in which he indicates why he does not have a work record book, and his last employer must make a duplicate of this document. In the event that the employee has repeatedly changed his place of work, the obligation to restore work experience still falls on the employer at the last duty station. What is the last place of work? If the employee has already got a job, then this will be the place where he is working at the moment. In the case if he is unemployed, this will be the place of work that was last.

What is indicated in the duplicate, if the work is lost?

The last employer must indicate in the duplicate labor only the total length of the employee's experience before he entered the current job. The question arises - how do you confirm your work activity to the employee? Here, orders for employment, any employment contracts, payroll or payroll statements, data from the Pension Fund, any certificates issued at the previous place of work are suitable. The record in the work record (duplicate) is made about the total length of work (how many years, months and days) without specifying the position of the employee, his employer and the duration of certain periods of work.

Recovering a workbook if it is unusable

There are cases, When it is difficult to read the entries in the work record or the document itself is destroyed (torn or burnt). In such cases, the current employer restores all the records from the old work record to a duplicate, of course, if they can be read. All records that can not be read will have to be confirmed with the available documents. And in the most damaged book it is necessary to mark on the first page: "In exchange a duplicate is issued," and also specify the series and number of the duplicate.

Recover labor book, if it is lost by employer

Sometimes, as a result of negligence or fire, or even the malicious intent of the employer, the workplace may be lost. In this case, the procedure for restoring the work record will be somewhat different. A commission is created, which must necessarily include representatives of the employer, the trade union and the labor collective itself. Work experience of the employee is restored according to the documents that he has, and if they are not available, then according to the testimony of the witnesses, there should be two or more of them. An act is drawn up, which indicates the length of service of an employee, his position and periods of work. Already on these grounds a duplicate labor is issued.

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