Can an employee have two work books at the same time?

https://pfr.gov.ru/On the merits of the issue

According to Article 66 of the Labor Code of the Russian Federation, a work book is the main document about an employee’s employment and length of service. It is issued and executed by the first employer, after which he ensures its storage and completion until dismissal. After dismissal, the document is handed over to the employee. Upon subsequent employment, it is presented as a document confirming his experience. The laws do not directly indicate whether it is possible to officially work 2 jobs with a work book, but this is not prohibited. The second copy appears in a person for various reasons:

• due to the loss of the first one and its discovery after the issuance of a duplicate;
• as a result of the desire to hide unpleasant facts that were included in the first Labor Code.

According to the Pension Fund of Russia, it is possible to have two work books, but the agency warns that if several periods counted in the insurance period coincide in time, only one of them is taken into account at the choice of the insured person (clause 2 of Article 16 of Federal Law No. 255-FZ of December 29. 2006).

What will the Pension Fund say?

Now let’s consider the issue of presenting work records for calculating pensions. With the introduction of personalized accounting in the state pension insurance system, the work book, in fact, loses its function of recording work experience. The personal record contains much more complete information about the work activity of the future pensioner than is reflected in the work book. In addition, as a result of the pension reform, the size of the labor pension of citizens of the Russian Federation is calculated on the basis of income to their individual personal account in the Pension Fund, and not only on the basis of work experience.

“I have an employee who received two work books at different times,” says Anastasia Starostina

. “And when calculating her length of service, in order to count the period of work from the second work book, they were ordered to take a certificate from the place of work that was entered in the second book.”

All this is true, but, nevertheless, it is almost impossible to apply for a pension without presenting a work book; it still needs to be presented “live”. Currently, the work book (copy and original), as a document confirming the insurance period, is included in the mandatory list of documents that must be attached to the application for a pension.

And anyone who has acquired several work books should remember that in the legislation there is no such thing as “parallel work experience”. Therefore, he will not be able to present both books - they simply will not be accepted. Only one, more “profitable” one, will have to be attached to the pension application.

Is it possible to have

Current legislation does not provide for liability for 2 work books at the same time. There is a large base of regulatory documents regulating the relationship between an employee and his employer, but the issue of the legality of having two workers is not discussed anywhere and is not clearly defined. There is not a single mention in the Labor Code of the Russian Federation that it is impossible to have several copies of documents on experience.

But is it possible to get a second work book (new) if you have an old one? Theoretically, yes, it’s difficult to call the second document fictitious: entries in it were made by personnel department employees according to all the rules, there is a signature of the person in charge and a seal of the enterprise. Moreover, if an employee provides two or even more TCs, this fact is not a basis for refusing to accept them. It is not regulated by law in which of the documents presented to the employer to enter information about employment. The employee decides where to make the entry.

ConsultantPlus experts analyzed a situation where an employee, when applying for a job, presented two work books and asked to issue one instead of them with all the records, whether the employer should do this. Use these instructions for free.

Is it possible to check the authenticity of a work book?

So, the document is often falsified. What should an employer do? If there are doubts about the veracity of the information provided, the work book can be checked for authenticity. This is done in one of three ways:

1. Verification of the production date with the serial number. Each year documents are issued with different numbers.
2. Call the employee's previous employers.
3. Comparison of the appearance of a document with a genuine book.

The easiest way is to call your employer. You can also learn additional information about the employee from the conversation.

Can they punish

The law does not provide for punishment for having two original and completed documents. But it’s worth clarifying: this condition applies to the originals. The Criminal Code of the Russian Federation (Articles 159, 327 of the Criminal Code) stipulates that if you work with two work books in different organizations, you will be subject to criminal liability for forgery or forgery of documents. Two books with the same entries are not allowed, that is, you cannot copy the original entries just in case.

The law does not prohibit having two jobs (Article 60.1 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation explains how to work at two jobs officially: such activity must be formalized accordingly, for example, as a part-time job (Article 282 of the Labor Code of the Russian Federation).

It often happens that people work according to a schedule, for example, every other day, and feel the strength and opportunity to earn more. When working part-time, the employee and the employer are subject to limits on working hours - no more than half of the standard working hours. In this case, people do not wonder whether it is possible to work with two work books in different organizations at the same time, but get a job with another employer without notifying the administration about the presence of another main place of work. An employee cannot be punished for this.

Tax deduction: not divisible by two

Next, you should understand the tax deductions that employees usually receive at their main place of work. Let us note right away that nowhere is it stated that deductions are provided specifically at the main place of work. Thus, the deduction can be made by any tax agent of the employee’s choice (Article 218 of the Tax Code of the Russian Federation). To do this, you just need to write the appropriate application and attach to it documents confirming the right to the deduction - the child’s birth certificate, a certificate of his residence with his parents, and if they are divorced, then an agreement on the payment of alimony or a writ of execution on the transfer of child support. .

You should not claim tax deductions for two jobs at the same time. The second employer, if information about him comes to light, will be able to recover the amount of the deduction and accuse the employee of abuse of rights.

By the way, the issue of providing deductions is important not only for owners of several jobs, but also for the enterprises where they were employed. After all, the employer, being sure that the employee is registered with him as his main place of work, will, after the taxpayer submits an application, in good faith provide deductions, thereby reducing the amount of tax to be collected.

That is why owners of several work books, in order to avoid additional complications, should not claim tax deductions in two places of work at the same time. Otherwise, the second employer (if information about another employer comes to light) will be able to recover the deduction amount from you and accuse you of abuse of right. He most likely will not go to court, but the situation as a whole will be extremely unpleasant.

The situation is the same with the use of other guarantees provided exclusively at the main place of work. For example, if you are already taking study leave, let it be paid for only from one employer, and take the leave “at your own expense” from the second.

How to apply for a pension

To apply for a pension, you must submit the original document to the Pension Fund. The pension is calculated only according to one document. If, when applying for a pension, you present two Labor Codes and the periods of work in these documents overlap, then Pension Fund employees will ask you to select one period. That is, out of two books, when applying for a pension, you will have to choose only one.

Federal Law No. 400-FZ of December 28, 2013 prescribes that if several periods of work coincide in time, when calculating the insurance period required for assigning a pension, only one of such periods is taken into account at the choice of the person who applied for the establishment of the specified amount (clause 1 of Article 13). If there are no coincidences in operating hours, there is no reason to worry either.

IMPORTANT!

In connection with the maintenance of ETC, the problem of having two documents at the same time disappears. Electronic labor does not require a physical medium: all information about the employee’s work activities is recorded in digital format. Employers submit information to the Pension Fund through the Policyholder's Account (using the SZV-TD form) or the client service of the Pension Fund - employee data is stored in the department's information resources. Everyone who is hired for the first time in 2021 will receive e-books.

Why do you need a work book?

The nuances of creating two books at the same time are justified by the legal significance of this document. Based on it, it is determined:

• Total length of service for calculating compensation for sick leave.
• Experience in a specific position.
• Maternity benefit.
• The right to early accrual of a pension due to harmful working conditions.
• Calculation of pensions in connection with reaching a certain age.
• Coefficient for increasing the pension amount.
• Assignment of an increased pension in connection with work in the Far North.

A work book is an important document, and therefore fraud with it is not uncommon.

How to receive benefits

By receiving benefits under several Labor Codes, a citizen is held criminally liable for fraud. 165-FZ dated July 16, 1999 states how to issue sick leave if two work books are simultaneously issued in different organizations - according to the rules, you cannot receive benefits twice for the same period of illness (clause 2, clause 1, clause 1.1 Article 7, paragraph 5 paragraph 2 Article 8 165-FZ). If you have issued two sick leaves for two labor commissions, temporary disability benefits will be paid only on one sheet. The benefit for the employee in this case seems very doubtful. To avoid getting into an unpleasant situation, act in accordance with the law.

general information

In an effort to protect themselves and their rights, citizens study the legislation and also make excellent use of various legal methods to protect their interests.

In the labor sphere, the legal literacy of citizens is growing by leaps and bounds. Employees know how many vacations they are entitled to per year, what hours of work can be considered overtime, and what they are entitled to a bonus for.

Also, many, trying to circumvent the law and possessing irrepressible energy, try to work two jobs at once. Two work books - is it legal or not? We will tell you in our article how legal such actions are and until what point a second work book has the right to exist.

Why are two copies of the document issued?

Despite the ban on having two documents, cases of drawing up a second copy are not uncommon, for different reasons - selfish goals or loss of the opportunity to use the primary document.

Such moments include:

1. Loss of labor

This circumstance occurs when the document is actually lost or in the process of deliberate concealment. In this case, when applying for a job at a new enterprise, a citizen writes an application to open a new document due to the loss of the previous one.

How to restore your TIN if lost and what documents you will need - read here.

The personnel employee does not have the right to refuse, and draws up a duplicate on the basis of orders and contracts from his previous place of work.

1. Hiding information

This fact happens for many reasons:

• Dismissal due to scandal or article;
• A radical change of profile to a less prestigious one in order to avoid questions;
• During his studies, the student earned extra money through non-core work.

For example, a university teacher decided to work as a driver for good reasons, so as not to become the object of unnecessary questions and perplexed glances, he hides information about his previous place of work and work experience.

When is it possible to have two workers?

1. Work activity in several places at the same time

The law does not limit the number of jobs for an employee, and all of them can be official, but instead of complying with the requirements of the Labor Code, employees create several documents at once, hiding their other employment from each employer.

What are the rules for filling out a work book upon dismissal? Read the publication at the link.

Are such actions legal?

According to the law, there is no clear regulation on the number of books opened, but there are certain requirements for the execution of part-time documents, according to which the employee must use one document to make entries.

In addition, there are no penalties, however, maintaining documents for personal gain is punishable by law and entails a fine.

Work activity in several places

As already mentioned, a citizen is allowed to work in several jobs and their number can be so large that the employee’s needs are fully satisfied.

At the same time, the Labor Code of the Russian Federation clearly regulates the following employment:

• To have additional income, you must initially get a job at your main place of work;
• Next, find an additional place of work; you do not need to provide a work book there; an identity card and a document on education are enough;
• The work record book is kept at the main place of work;
• If you need to make a record of all part-time jobs, it is enough to bring the employment order and contract to the HR department.

You can find out how a work book is issued upon dismissal and where to apply here.

What are the risks of having two documents?

The legislation does not provide for the use of two documents at once, which means there are no options for direct liability.

However, their use can be complicated:

1. Providing deductions - an employee can have two books, but he has the right to count on receiving guarantees only for one place of work; additional leave for training must be paid for by only one employer.

Important: if an employee hid the fact of the existence of additional work from all employers and receives benefits in all places of work, he may be forced to compensate for losses.

1. Registration of a pension - if an employee retires upon reaching retirement age, he needs to provide a work book to the Pension Fund of the Russian Federation to confirm his length of service, while the fund has its own data regarding his work experience; when comparing facts that may diverge, the citizen will have to explain to officials.
2. Receiving payments - when applying for sick leave for temporary disability or when receiving maternity benefits, you need to contact only one employer; to indicate the name of the enterprise in the form of the sheet, there is a column where it is permissible to enter the data of only one enterprise.

In any case, when finding out the information, employers will demand a refund from the employee for vacation pay or tax deductions, since it is unknown whether the employee, according to the law, worked only at one enterprise full time or this time was taken into account at several enterprises at once.

What is the responsibility?

Important: this violation requires the dismissal of the employee in accordance with clause 11 of Art. 81 Labor Code of the Russian Federation. In addition, the employee may be held criminally liable for forgery of documents in accordance with Art. 159 and 327 of the Criminal Code of the Russian Federation.

Criminal Code of the Russian Federation Article 327. Forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms

1. Forgery of a certificate or other official document granting rights or exempting from obligations for the purpose of its use, or the sale of such a document, as well as the production for the same purposes or sale of counterfeit state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, forms – shall be punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years. 2. The same acts committed with the aim of concealing another crime or facilitating its commission are punishable by forced labor for up to four years or imprisonment for the same term. 3. Using a knowingly forged document is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or arrest for up to six months.

For selfish motives regarding tax deductions, Art. 122 of the Tax Code of the Russian Federation, according to which the employee will return 20% of the unpaid amount in the form of a fine if he fails to provide a certificate to the employer about the absence of a tax deduction at another place of work.

Among other things, if an employee has opened a second book in order to have an advantage over part-time workers at the enterprise in accordance with local regulations, he must be punished when the facts are revealed in accordance with the provisions of the same local acts.

Types of jobs

In the labor practice of the Russian Federation, it is customary to distinguish between two main types of part-time work:

Internal

In this case, the employee performs two different job functions, but within the same enterprise.
According to the two employment contracts he has concluded, the employer is the same legal entity and individual. This option is the simplest to design and convenient for both parties, since in fact the employee has one workplace for two types of activities. There are also no difficulties with the work book, since the place of its storage is the same in both cases. Another advantage is that there is no need to submit two sets of documents - the employer himself can make copies of the originals in the quantity he needs.

External

With this option, the employee enters into employment contracts with different employers. His workplace will be different for each type of activity. This procedure is more complex and requires separate documentation during employment. There may also be certain difficulties when receiving payments (for example, for sick leave or vacation).

Current legislation allows both of these forms of part-time work, so the right of choice remains only with the employee.

When might a second copy be needed?

In practice, possession of two pieces of paper is not uncommon, although this is an illegal act. Let's consider current cases.

When applying for several jobs

Every citizen has the right to work in several organizations at the same time. However, the personnel document must be stored only at the main place of work. Since work in other organizations is part-time work.

Based on the employee’s request, data about such organizations can also be recorded in the work book based on the order of the enterprise.

If the main document is lost

Cases of paper loss cannot be excluded. In this situation, the employee should submit a written application to the HR department to obtain a duplicate.

In this case, the employee must independently restore all the records that were present in the lost document, preparing evidence from all places of work where he worked:

• copies of orders;
• certificates;
• copies of the old work report and others.

This method of obtaining a work book will be completely legal.

Changing a part-time job to a main job

Sometimes circumstances develop in such a way that additional employment is the main source of income, or the main job for some reason no longer suits you. These types of employment can be swapped or, if the main job is eliminated or a layoff occurs, it can be “converted” into part-time employment.

This requires the will of the person himself and his superiors, since changes to the employment contract can only be made with the consent of the parties (Article 72 of the Labor Code of the Russian Federation).

Options for legal re-registration may vary.

1. Translation . Possible if the employee additionally worked internally (in the same organization). A simple transfer to another structural unit is formalized. This method is not suitable if a person quits his main job and wants to convert it into an additional one.
2. Additional agreement . Since the terms of the employment contract change, it is legal to conclude an additional agreement on new conditions. To conclude it, you need an order (or instruction) from the new employer to change the employee’s status.

IMPORTANT! When changing job statuses, this information must be reflected in the work book(s).

Possible problems and responsibilities

If we analyze the Labor Code and other legal acts, there is no mention of punishment for using two work books. However, for one working citizen it is necessary to create only one document, where various entries will be made about the positions held by the person. For this reason, it can be said that using several books at the same time is illegal. We are not talking about cases where a person is issued a duplicate.

On the one hand, since nothing is directly threatened, people can ignore legal requirements and use several work books at the same time. But on the other hand, in the long run, this can cause a lot of trouble. Among the main problems are:

• making deductions;
• pension contributions;
• calculation of benefits.

The first problems will arise when tax deductions are made. Let's imagine a situation where a citizen is an employee of various enterprises, and at each of them he uses different work books. If he wants to take advantage of deductions, he can do so only at one workplace. A similar situation will occur when booking a vacation. Only one company will pay for it, and at another workplace you will have to rest at your own expense. In the event that a citizen takes advantage of paid leave in both companies, its representatives may demand the return of part of the money, since such actions are illegal.