In what cases is a written request from an employee required?

The work book is a strict accounting document. After registration of employment, the employee submits the employment report to the company’s HR department. All necessary information is included in the document. The book is kept as part of the personal file until the employee is dismissed. The personnel officer is responsible for safety. He makes the appropriate entries in it. You can hand over a book upon dismissal or temporarily for submission to the Pension Fund.

If an employee needs to provide information from a document to some other authority, the personnel officer is required to issue a copy. The employee draws up an application for a copy of the work book and receives it in his hands.

When is the document required?

To assign benefits, benefits, subsidies to government agencies, social and administrative services.
To obtain loans, banking institutions may also request a photocopy of your employment record.

For more information on how to obtain an extract from your employment record, .

Application for issuance of a copy of a work record book: period for consideration by the employer

An application for a copy of the work record book is submitted by the employee to the employer. The period for consideration and issuance of the document is no more than three working days. If the written request for issuance specifies the deadline for issuance and provides relevant documents confirming the valid reason, the employer may issue a certified photocopy of the document within one working day.

Read in the "Personnel System":

How to draw up a document

An application for a copy of a work book for the first time, a sample of which will be presented below, is completed in free form. A unified form for such a document is not established by law. An organization has the right to create a template independently. The employee only needs to fill it out.

Application for issuance of a copy of the work book, the sample must include:

a request for a photocopy of the book;
date of compilation;
employee signature.

You can also indicate the reason on which you needed to obtain a copy, as well as include the authority where you need to present the document. The employee has the right not to indicate this; the employer cannot demand to provide a specific reason.

How to make an application

The document can be drawn up on a standard A4 sheet by hand or on a computer. The main condition: the form must contain the original signature of the applicant. The document is drawn up in two copies. One form remains with the personnel officer, the applicant certifies the second sample from the secretary and keeps it for himself.

Sample-2019

An application for a copy of a work book (sample) is completed as follows:

At the beginning of the document, the name of the organization is indicated on the right, along with its legal status.
Position, surname, name, patronymic of the manager or other authorized person responsible for issuing copies of work books.
Position, surname, name, patronymic of the applicant.
Date of application.
In the center of the line indicate: “Statement”.
The content part indicates a request for a copy of the book.
At the end, the document is signed and a transcript of the signature is given.

Application for a copy of a work book: sample

You can download the document

★ System Personnel expert will tell you Is the employer obligated to provide a copy of the work record book by email at the employee’s request?. The article describes the conditions under which the employer is obliged to provide a photocopy of documents relating to the employee’s work activities.

How to certify a document

To make a copy of the book, make a photocopy of all its pages, starting with the title page and ending with the page where the employee’s place of work is indicated. For a document to have legal force, it must be certified. This must be done by the personnel officer, whose responsibilities include preparing photocopies and extracts at the request of the employee.

On each page of the copy the note “ Copy is right", indicate the date when the document was certified. The responsible personnel officer enters his full name, position, signature, and puts the organization’s seal, if used. The seal impression should follow the signature and partially overlap the text.

Important! According to the new GOST, it is necessary to indicate where the original work book is stored.

For example, you can make the following inscription on the copy: “ The original document is located in Olimp LLC in case No. 2-28 for 2017».

What is the validity period of the certified form?

The validity period of a copy of a work book is not established by law. Some government agencies, to which a photocopy must be presented, establish how long a copy of the work book is valid. Banks most often accept copies of employment documents if they are not older than one month.

Does an employer have the right to refuse an employee?

If an employee needs any information regarding his work activity, information from the work book, which is issued in the form of an extract or photocopy, the employer has no right to refuse this request. In accordance with current legislation, the work book is the property of the employee. It is kept by the employer only for the period of validity of the employment contract.

If the employer refuses to issue an extract relating to the employee’s work activity, a copy, the employee has the right to contact the labor inspectorate. Such actions are regarded as a violation of the rights of working citizens. The labor inspectorate may subject officials of the organization to administrative punishment.

If an employee needs to provide information from a document to some authority, the personnel officer is required to issue a copy. The employee draws up an application for a copy of the work book and receives it in his hands. To make a copy of the book, make a photocopy of all its pages, starting with the title page and ending with the page where the employee’s place of work is indicated.

For a document to have legal force, it must be certified. This must be done by the personnel officer, whose responsibilities include preparing photocopies and extracts at the request of the employee.

The issuance of almost any document is carried out in strict accordance with the regulations, in accordance with the prescribed rules and regulations.

Writing off a work record book is the most pressing issue in modern society, since it concerns both employers and staff.

The work experience book serves employee's "passport" when applying for a job, certifying his length of service and experience legally.

general information

when layoffs employee in accordance with the article of the Labor Code of the Russian Federation;
when layoffs employee at his own request (how?);
in case of access to pension;
V exceptional cases not previously mentioned.

According to the Labor Code, on the day the document is issued, all salary calculations are made, and the book is issued in accounting. In some cases, you must first draw up application for work book.

To assign a pension

When is document preparation required?

The book is issued upon application if the employee requires it to assign a pension.

According to the adopted law, from January 1, 2015, an employer does not have the right to refuse to issue a book to an employee.

Pension fund and OVRI do not accept copies of documents. Only originals are provided to these institutions. The process is carried out on the basis of a previously drawn up application in accordance with Art. 62 Labor Code of the Russian Federation.

Labor Code of the Russian Federation. Article 62. Issuance of work-related documents and their copies
Upon a written application from the employee, the employer is obliged, no later than three working days from the date of filing this application, to issue the employee a work book for the purpose of his compulsory social insurance (security), copies of documents related to work (copies of orders for employment, orders for transfers to another job , an order on dismissal from work; an extract from the work book; a certificate of salary, accrued and actually paid insurance contributions for compulsory pension insurance, the period of work with this employer, etc.). Copies of work-related documents must be properly certified and provided to the employee free of charge.

Parts two and three are no longer valid.

The employee is obliged, no later than three working days from the date of receipt of the work book from the body implementing compulsory social insurance (security), to return it to the employer.

Form of compilation free. But some businesses may offer standard forms to fill out. You must fill in your personal information, indicate the purpose of issuance and sign it after receiving the book.

Important! The purpose of issuing the book is indicated only when the document is necessary for the assignment of a pension. In the rest, the employer cannot demand announcement of the reason.

From the moment of receipt of the book are counted three working days during which she must be returned to her place of work. To prevent the employee from being overdue, the employer can take a receipt for the return from the employee.

The application is filed in a folder, and the issue of the book is registered in special magazine. Often this is a book in which records of the movement of work books are kept.

Applications for obtaining a work book.

Receipts for receipt of a work book by an employee.

Getting a duplicate

What documents are needed to obtain a duplicate work book?

It is necessary to draw up an application indicating the request to issue copy of the document.

It should be taken to the personnel department, where copies of the employment form are made and then certified notarized.

A duplicate document is permitted only in a few cases:

loss of the original;
the employee’s dismissal record is invalid;
loss of a document in emergency situations;
loss of documents by the employer that require urgent restoration;
incorrect notes in the work book.

If an employee is to blame for the loss of a document, he will voluntarily contact the HR department, where he will file an application for restoring the book and obtaining a duplicate, indicating one of the reasons.

Applications for obtaining a copy of the work record book.

Filling out the form for issuing a duplicate work book.

How to compose it correctly?

The application must contain an introduction, an explanation of the reason and the purpose of the restoration. The first paragraph must contain the grounds that this particular employer was last place of work. The second paragraph describes the appeal itself.

Here you need to mention the purpose of the appeal, the grounds and indicate them. For example, due to the loss of a book, theft, rendering unusable.

Important! If in your application you indicate that the book is unsuitable, it should not be attached to the application. It is not torn or dirty to be archived. If the book needs to be returned, please indicate the fact of transfer in the application.

The signature and number are placed on the day of delivery immediately below the text. The number should correspond date on the day the document is submitted.

So, third paragraph. It is often necessary for those employers who are not eager to deal with the affairs of former employees. The last lines of the laws will persistently indicate to the authorities who is responsible for responsibility and duty.

It is recommended to indicate the period for issuing a duplicate, which is 15 days, and put the number of the current day.

To avoid awkward situations, two copies are made.

One registered in the reception or office, and the second copy remains with you.

It must be marked as having been provided.

If a duplicate is made at the time of validity of this agreement, then no need to wait 15 days. There is also no need to write copies of the application with marks. This applies only to those cases where the employer has changed his previous place of work or refuses to issue a duplicate book.

Important! Based on Art. 64 TCRF upon first employment of an employee not required to write statements to start a new job for the first time. However, having contacted the HR department with a statement about the absence of a book, it is impossible to say with certainty that the document does not exist at all, and it was not lost.

Its absence on hand does not mean its complete absence from the system registers. When issuing a work permit, the employee must pay for the book in the amount established when determining expenses for it.

Labor Code of the Russian Federation. Article 64. Guarantees when concluding an employment contract

Unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence ( including the presence or absence of registration at the place of residence or stay), attitudes to religion, beliefs, membership or non-belonging to public associations or any social groups, as well as other circumstances not related to the business qualities of employees, are not allowed, with the exception of cases in which the right or obligation to establish such restrictions or advantages is provided for by federal laws.

It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children.

It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work.

At the written request of a person who is refused to conclude an employment contract, the employer is obliged to provide the reason for the refusal in writing no later than seven working days from the date of presentation of such a request.

Refusal to conclude an employment contract can be appealed in court.

Writing an application for reinstatement of a work record book.

The nuances of receiving it in your hands

The work book is issued to the employee personally at the time of termination of the contract after completing the application.

It can be drawn up on any working day, indicating the reason and purpose for receiving the document.

On the day the book is issued, an agreement is signed stating that book received, and there are no claims against the employer.

You also need to sign in the journal about the movement of books.

Important! You should give your work book to a stranger only if he has power of attorney certified by a notary. If it is not there, a person can receive a work permit if the employee dies.

The basis for issuance will be a death certificate, passport and a document that confirms his relationship with the deceased. Copies of these documents must be filed in the employee’s personal file. An entry is made in the book itself and the basis for its issuance is indicated.

Issuance by postal transfer

If the book is issued while the employee is absent from the enterprise, or he refuses to receive labor, a certificate of refusal is drawn up. It is signed by witnesses.

Based on this document, the content and storage of the record book of an employee who is no longer registered with the enterprise is considered legal, since responsibility for delay of documents removed. The employer's next step is to draw up a registered letter addressed to the recipient.

A letter with written notification is sent to the employee’s address, where it will be stated requirement to appear to the place of work to receive the document, or to give consent in a response letter to the issuance of the book by postal transfer.

Important! The employer is exempt from responsibility only from the date of sending this notice.

If the employee himself wants to pick up the work book via mail, it is not necessary to wait for an invitation from the company. Enough to write registered letter with application. It must indicate the reason why you cannot come to the office yourself and sign for the receipt of the book. Your application can be reviewed within 3 days.

Act on the employee’s refusal to receive his work book.

Notifications about the need to obtain a work book or give consent to send it by mail.

Letters with a request to send a work book by mail.

In what cases is an application not required?

When the contract between the two parties expires, the work book is issued without drawing up an application.

The same applies if the employee resigns according to the article or at your own request.

However, an application will need to be drawn up, since in addition to the work book, the person is issued accompanying documents.

These include copies of the dismissal order, extracts, salary certificates, information about the employee’s period of work, information about accruals, and about paid insurance contributions for pension insurance.

In any case, various situations occur during employment or dismissal. This isolated cases, which should only be discussed directly with superiors and authorized bodies.

Results

Mostly, pressing issues regarding work records. Each question was answered, and situations in the manifestation of certain aspects were considered. These are typical tasks that every employer and employee should know about.

Don't panic or get upset, if you do not have or do not have a work book. There are many opportunities to restore it, start it, make a duplicate, or pick it up from your place of work.

Guided by the articles of the Labor Code of the Russian Federation, the following are given: quite compelling arguments, on the basis of which an employee of any enterprise has the right to address a problem that has arisen.

Sometimes the form must be submitted to the Pension Fund or to the bank to apply for a loan. According to labor legislation, the book is handed over to the manager, who is responsible for its safety. It is stored in the organization until the employee is dismissed. The original is issued only in special cases. Therefore, most often, it is drawn up for provision at the place of request.

How to get a certified photocopy of a work record?

A copy of a book is a photocopy of all its pages. To obtain it, you need to submit an application addressed to the head of the company, or contact the personnel officer with such an application. According to clause 7, the employee must be given a copy of the form no later than three days from the date of receipt of his application. If you are interested in what an application for a copy of a work record looks like, a sample is presented below:

But sometimes it is enough to provide the organization only with data relating to individual periods included in the length of service. In this case, an extract from the document is drawn up, that is, a photocopy of the first page with the employee’s personal data and a photocopy of the required page are made. This means that information will be provided selectively.

How is the document certified?

To prepare a duplicate work book, you need to make photocopies of all its pages, starting with the title page and ending with the page where the place of current work is indicated.

Next, you need to certify the document. This can be done by a member of the HR department. On each page of the copy, a note is made “Copy is correct” and the date on which the document was certified is indicated. The full name, position and signature of the specialist are also indicated, and the company seal is affixed (if any). The seal impression must be on the signature and partially on the text, but not on the empty field of the form. Otherwise, the document may be declared invalid.

On the last page you must make the entry: “(Name of employee) is currently working.”

If at the time when a citizen needs a duplicate of the form, but it does not work, it is necessary to contact a notary to have it certified. He will issue a certified document.

Validity period of a certified photocopy of the form

A certified photocopy has a limited validity period. For example, most often the validity period of a copy of a work book for a bank is a month after its registration. Other organizations that may require a document always notify you in advance of the validity period that suits them.

If a citizen changes jobs, it is advisable to re-issue a copy so that it contains up-to-date information. To do this, she will need to be taken to a new duty station.

A work book is a strict reporting form that contains information about a person’s work activity. Its main purpose is to record the employee’s work activity for processing future pension payments. This document may also be useful, for example, to confirm employment when issuing a bank loan or when applying for a foreign passport.

It is not always possible for employees to present the original book. In almost all cases, a copy is required to confirm your experience. In this article we will tell you in what cases it needs to be done, and also consider the procedure for drawing up and submitting an application for its issuance. In addition, we will give some tips on how to behave if the employer refuses to provide a duplicate.

Each person may need information about periods of work in completely different situations. You can confirm them using your work record. As a rule, this document is kept by the employer, so you often have to make a photocopy of it. So, A duplicate work book may be useful in the following cases:

To register a pension at the Pension Fund;
When obtaining a visa to travel to another country;
To obtain a foreign passport;
To create a resume;
To obtain credit loans;
In case of loss of a document;
To adopt a child.

This list of situations is, of course, far from exhaustive. Typically, a copy is required by various government agencies or large financial organizations. Moreover, it may be in demand for a second job, for example, for part-time work.

After concluding an employment contract, the original book must be kept in the HR department. You can gain access to the document only after dismissal from your main place of work, so it makes sense to demand a copy of it from the employer. How to properly duplicate a work book? First of all, the spread with the employee’s personal data is copied, and only then the remaining sections. Copies of each page must be made on a separate sheet and numbered in the appropriate order.

How to get a duplicate?

Obtaining the required number of copies of a work record book is quite simple. You should make this request directly to your manager, or to authorized persons of the company - an employee of the personnel department, secretary or chief accountant. To do this, you must adhere to the following instructions:

Draw up an application and submit it to the head of the company;
Receive an order to issue a copy;
Write the phrase “Duplicate” in the upper right corner of the title page;
Indicate the date of issue of the copy;
Certify with the signatures of the owner and an authorized employee of the personnel department.

The employee must be given a copy of the form no later than 3 days from the date of submission of the application. It must be certified by entries such as “Copy is true.” In addition, it must be certified with the official seal of the organization. Such a stamp must be on the signature and also affect part of the text. In addition, on the last page of the duplicate you must make the entry “working at the present time.” This is necessary in order to confirm the fact of work in this organization. Please note that a certified copy of the work document has a strictly limited validity period. So, you can dispose of its duplicate only within a month after the document is issued.

Sometimes an employee is required to provide only certain information from the work book, for example, data relating to a certain period of service. In this case, it makes more sense to make an extract from the document, that is, make photocopies of the title page and the one that the owner needs in a particular situation.

Rules for drawing up an appeal

To obtain a copy, you must make a written application for the issuance of a copy of the work book in the name of the employer. It is this appeal that will become the basis for your further actions. There is no special form for drawing up such documents, but there are several important requirements for their execution. So, the application must contain the following information:

Information about the organization in which the person works;
Full name and position of the applicant;
Request for a copy;
Date of compilation;
Employee signature.

In addition to the above conditions, the employee can indicate the reason why he needed a photocopy of the work record. For example, he wants to get a part-time job in another company. It must be remembered that in the absence of valid grounds, the employer still does not have the right to refuse his subordinate.

Sample

What to do if you refuse?

If an organization for any reason refuses to provide you with a duplicate work book, it the manager may be brought to administrative responsibility in accordance with clause 5.27 of the Code of Administrative Offenses of the Russian Federation. For such violations he faces fine up to 50 thousand rubles y. In addition, at the request of a subordinate, the court can also recover compensation for moral damage from him.

Moreover, there are no restrictions on the issuance of duplicate work books. In the event that you do find yourself in a similar situation, you need to complain about your boss to the appropriate authorities. This can be done in several ways: submit a claim directly to the head of the organization, contact the state labor inspectorate, or file a statement of claim in court.

you can compile it yourself using the explanations contained in this article. The application is required so that the employee, in the cases specified by the legislator, can receive a newly issued work book to reflect in it subsequent information about work activities.

How to get a duplicate work book

In paragraphs 31, 33 of the Decree of the Government of the Russian Federation “On work books” dated April 16, 2003 No. 225, it is established that duplicate books are issued by the employer in 3 cases:

If the document has become unusable (was damaged, became unusable due to dilapidation, etc.).
If there is a labor record about dismissal or transfer to another place of activity that was declared invalid (based on an act of the authorized body).
If the book is lost by an employee or employer as a result of an emergency.

To obtain a duplicate, the employee must submit a corresponding application to the employer. If an employee has not worked for a long time, but still loses his employment status, then he needs to contact the head of the enterprise at his last place of employment.

Thus, the employee’s will, reflected in the application, and documents that indicate his work experience will be the basis for issuing a duplicate work book. At the same time, the legislator establishes that a duplicate must be issued no later than 15 days from the moment the citizen submits an application (clause 31 of the RF Government Resolution No. 225).

How to write an application for a duplicate work book

If it is necessary to obtain a duplicate work book, the employee must notify the employer of this fact. Let us emphasize once again that we are talking about the last place of service. If, when applying for a new job, it turns out that there is no work record or it is damaged/lost, the citizen submits an application to the organization at the previous place of service.

In the header of the application, you must indicate to whom it is being submitted (full name of the organization, full name of the head) and from whom (full name, address, phone number of the applicant).

Below in the center we write the word “Statement”.

Don't know your rights?

« On 06/08/2015, employment contract No. 58 dated 01/01/2001 was terminated between me and Neptune LLC (dismissal order No. 4 dated 10/01/2016). On October 16, 2016, I discovered that my work book was lost. Please fill out and issue a duplicate work book».

If we are talking about a situation where an entry in the work book needs to be declared invalid in accordance, for example, with a judicial act that has entered into force, the text of the application can be formulated as follows:

« Due to the fact that, on the basis of court decision No. 64595 of 02/11/2016, the record of my dismissal was declared invalid, I ask you to issue me a duplicate of the work book without making a record of dismissal in it (i.e. record No. 4 of 01/18/2016)».

In the text of the application there is no need to indicate the last places of service and indicate the length of service. It is best to document this information on a separate sheet and attach it to your application.

Below, the applicant indicates the number of sheets of the application, which may include any documents at the discretion of the employee related to this issue. For example, a copy of a court decision, work experience paper, etc.

Then you need to put the date of the application and your signature with a transcript.

It is recommended to draw up an application for the issuance of a duplicate of the book in 2 copies, one of which is transferred to the personnel service, and the second is stamped with an acceptance stamp with the date and signature of an authorized person. This is necessary to count 15 days from the date of application, which are given to the employer to issue a duplicate.

A sample application for a duplicate work book can be found on our website.

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