The reasons for the loss of the work book can be very different, but none of them will bring anything but troubles. Neither a good job can be arranged, nor a pension can be obtained. There is only one way out - to restore. But you can only make a duplicate of it. Of course, you can always find craftsmen who will produce any document for you for a fee, but remember that for this, in accordance with paragraph 3 of Article 327 of the Criminal Code of the Russian Federation, a penalty of up to three to six months is punishable. But the legal "resurrection" of the work book looks a little different.
Instruction manual
1
Contact your former employer. According to paragraph 31 of the "Rules for maintaining and storing work books, making blank work book and providing them with employers", in case of loss of this document, you must immediately send a written application to the employer at the last place of work. If you have entered into an employment contract with a new employer before losing your work book, then it will be considered the last employer. If you were unemployed in the event of loss, then you must contact the employer for the previous unemployed situation.
2
After receiving from you a statement about the loss of the workbook, the employer must give you a duplicate within 15 calendar days containing all the data on the general and (or) continuous work experience prior to employment to the last employer and the data on work and awards (incentives) that were entered in employment record given by the employer. To confirm the total length of service, you will need to submit all supporting documents, and only the originals.
These documents include:
-orders on admission, transfer and dismissal;
labor contracts;
- information confirming the payment of wages;
-other kind of help, etc.
You need to know that a duplicate of the workbook contains the general work experience without indicating transfers and positions.
3
If the work book is lost by the employer. The loss of the workbook by the employer is possible as a result, for example, of a fire, flood, negligence of employees or even malicious intent. If the loss occurred due to an emergency, then the organization creates a commission, which includes: a representative of the executive branch of the region where the employer is located, a representative of the employer, a representative of a trade union organization or labor collective. The restoration of seniority and the issuance of a duplicate work book in this case is carried out on the basis of documents submitted by the employee. If there are no documents, then testimonies of 2 witnesses can be applied. The commission draws up an act indicating the length of service of the employee, on the basis of which a duplicate work book is issued.
4
If the employer simply lost your workbook, then you have the right to bring him to administrative responsibility in the form of a fine of 1, 000 to 5, 000 rubles for individual entrepreneurs, and for legal entities, from 30, 000 to 50, 000 rubles, or suspension of your activity for up to 3 - x months. But even holding the employer accountable will not save you the red tape about confirming your work experience and getting a duplicate work book.
Useful advice
Upon receipt of a duplicate work book, be sure to check the correctness of the entries made in it in order to avoid further difficulties in confirming the length of employment.
