Cases of registration and issuance of a duplicate work book
A duplicate work book is essentially the same work book of a specialist.
It also confirms the person’s work experience when a pension is subsequently assigned; such a document contains all the information about the employee’s career path. From 01/01/2023 you need to use a new type of work book. Whether it is necessary to exchange old workers for new ones and what to do with the old-style forms unused by 2023, read here.
The legislator allows for several typical situations when a company must issue a duplicate work record book for an employee (clauses 27, 30, 31 of the Rules for maintaining work records, approved by Order of the Ministry of Labor dated May 19, 2021 No. 320n, hereinafter referred to as the Rules):
- the original was irretrievably lost (including in cases where the employer lost the book due to an emergency);
For more information on what to do for an employee who has lost his work book, see the article “How to restore a work book if it is lost?” .
- the book has become unusable (its pages are damaged, stained, etc.);
- if information about his dismissal or transfer to another place of work was entered into the specialist’s book, and such an entry was subsequently declared invalid.
In the first two cases, the duplicate is drawn up by the employer at the last place of work, in the last place of work where an incorrect or inaccurate entry was made, except in cases where this employer has closed.
Registration procedure
An employee who has lost a document with information about his production activities is required to write an application for the issuance of a duplicate work book at his previous place of work. This must be done as quickly as possible after discovery of the loss. It is the employer’s responsibility to prepare a copy upon request from the employee.
In the new edition of the Labor Code, in Art. 65, it does not indicate which employer the employee is addressing. He has the right to return to his previous job. If he gets a new job, the employer is obliged to draw up a new document at his request. In both cases, it is necessary to document all periods of work and provide a statement of loss.
Personnel officers rarely have to deal with such a task, so we offer a reminder on how to issue a duplicate work book - adhere to the following algorithm:
- An application from the employee is accepted.
- Information about work experience is collected.
- An order for extradition is issued.
- The form is filled out.
- The date of issue is indicated, the form number is entered in the accounting journal.
- The employee signs for receipt of the copy.
Application for registration
The employee writes an application for the issuance of a duplicate work book addressed to the manager of the previous place of work. There is no approved application form, so it is written in free form. The applicant's details and the reason for the application are indicated.
How to make a duplicate of a work book
A duplicate must be issued within 15 working days.
In order to correctly issue a duplicate work record book for an employee, the company needs to follow several simple rules (they have been updated in 2021).
How to maintain work records in a new way from September 1, 2021, read the ready-made solution from ConsultantPlus. Trial access to the system can be obtained for free.
First, in the upper right corner of the first page of the duplicate, you must make an entry: “Duplicate.” (Clause 31 of the Rules).
NOTE! If the duplicate is intended to replace the work book that the employee actually has at his disposal (for example, if it is dirty, or if an invalid entry was made in it), then from the moment the duplicate is issued, only it has legal force. Therefore, on the original it should be written: “A duplicate was issued in exchange.” And indicate the series and number of the new document.
Secondly, the title page of the duplicate must be filled in with information about the specialist that is current on the date of issue of the duplicate.
After this, it is necessary to restore the employee’s total length of service in the “Job Information” section. To do this, you need to indicate in the first line of column 3 of the duplicate how much the specialist’s total work experience is, without specifying where exactly and during what time periods he worked there. Columns 1, 2, 4 remain empty.
IMPORTANT! The total length of service is indicated only on the basis of documents confirming it (clause 29 of the Rules).
Next, you should restore the chronology of the specialist’s work with different employers. This is done as follows: in column 2 the date of entry into work in a specific company is indicated, in column 3 the details of such a company and the position of the specialist in which he worked in the past are indicated. In the 4th column, accordingly, the details of the supporting document are given. The next line records information about the specialist’s departure from the company using a similar algorithm.
NOTE! If any information is missing/incompletely indicated in the specialist’s supporting documents (for example, the basis for termination of the employment relationship), then only the information that is known is indicated in the duplicate (clause 29 of the Rules).
For the general procedure for entering information into a work book, see the article “Instructions for filling out work books”
Restoration of work records in case of mass loss by the employer
Clause 34 of the Government of the Russian Federation No. 225 provides for the case when, as a result of emergency situations (environmental and man-made disasters, natural disasters, riots and other emergency circumstances), there is a massive loss of work books.
Naturally, in this case, a massive restoration of work records is also necessary.
Several features can be noted with such a mass restoration, in contrast to the registration of a duplicate work book on an individual basis.
Thus, in order to restore work records, not only one personnel employee works, but an entire commission to establish length of service.
Moreover, this commission is created by the executive authorities of the constituent entities of the Russian Federation, and not exclusively by the affected organization.
The composition of such a commission includes representatives of employers, trade unions or other representative bodies authorized by employees, as well as other interested organizations.
If, on an individual basis, work experience can only be confirmed by documents, then in the event of a massive loss of work books, work experience, in the absence of any documents, can be established on the basis of the testimony of two or more witnesses who know the employee from joint activities with him at one employer or in one system.
It is provided that entries in a duplicate work book are made on the basis of a commission act, which indicates the periods of work, profession (position) and length of service of the employee.
How to issue a duplicate work book - sample
Based on the above rules, the company can easily create a duplicate to replace a specialist’s work book lost for some reason.
At the same time, the organization must remember to make copies of all documents confirming the specialist’s work history, and then return them to the employee.
You can view and download a ready-made sample of filling out a duplicate work book from 09/01/2021 in ConsultantPlus by registering for trial access to the system:
Extradition order
Labor legislation does not require the execution of an order for the issuance of duplicate work books in the event of their loss, theft, etc. This document is drawn up in accordance with the organization’s document flow rules.
The order records the basis for issuance: the employee’s request and the responsible executor - an employee of the personnel service.
What documents will be needed
Restoring a document takes time - 15 days are allotted for this. Personnel officers often do not know how to fill out a duplicate work book with information about work experience if it is missing. The employee must confirm the length of service with documents before the book was lost. These are certificates from previous places of work, orders for admission to the organization, copies of employment contracts, paybooks - any official evidence of periods of work. All evidence provided must be certified.
The employee himself requests evidence of length of service; the employer is obliged to assist him - the personnel service draws up requests for previous work or for archives.
If documents are missing, the work experience is confirmed by the testimony of witnesses in court (see paragraph 24 of the rules approved by government decree No. 225 of April 16, 2003). An organization can contact the Pension Fund with a request for types of activities for certain periods.
Results
An example of a completed duplicate work book should be provided to the personnel department of each company in order to avoid possible errors when completing it.
It is important for organizations to know that the duplicate must be filled out only on the basis of documents confirming the employee’s past experience. At the same time, you need to remember to make o on the duplicate itself. And if it is issued in exchange for a book that was not lost, then write on the original “Instead, a duplicate with such and such a series and number was issued.” You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
general information
Surely many have lost or heard from friends about the loss of a passport of a citizen of our country. Of course, the situation is not pleasant, but you must admit that the passport can be restored since all the information contained in it is stored in the FMS office.
the restoration of work records is different . If you have lost your work book, how can you get a new one and what entries should you make? How to correctly fill out a new work book if the old one is lost?
Often, information from the employment form is not contained anywhere except on the employment form itself.
This means that if it is lost, it is almost impossible to properly restore all the information contained in them. As sad as it may be, such situations happen quite often.
Some people lose their work documents on their own, while others lose them in the organization’s archives.
One way or another, if such a situation occurs, a new work book is urgently needed to replace the lost one.
The question also often arises: if the work book has expired, how to start a new one? We will try to answer these questions in our article. So, how to properly issue a new work book?
What to do if information about your work experience is lost due to the fault of the employer?
The reason for the loss of the book can be the employer (in the event of an accident at work, fire, or other emergencies). In this case, he should make every effort to restore the papers. For this purpose, a special commission is created that collects information and reissues forms. An act is drawn up, on the basis of which new documents are drawn up and issued to replace the lost ones.
Please note: if the form is damaged or lost through no fault of the employee, the cost cannot be recovered from him. The employer will have to pay, as in the case if the document is declared invalid due to errors.
If the employee has an electronic work record book
In 2021, working citizens decide whether to save the length of service document on paper or convert it to electronic format. If a person keeps a work record on paper, it is still kept and maintained by the employer. If a citizen transfers information about his work experience into an online form, the document is returned to him with a note indicating his refusal to continue maintaining it on paper. It is possible that after handing over the book to the employee, he will lose it. In this case, the employer will have to issue a duplicate according to the general rules - within fifteen days on the basis of existing documents and certificates from archives or from previous places of work.
Read more: How to maintain electronic work books from 2021: rules for employers
As for the loss of the statement that is given to the employee upon dismissal (form STD-R), its duplicate is drawn up either by the employer or the Pension Fund of Russia. But it contains information related to work only in a specific organization.
Read more: New form STD-R: information about the employee’s work activity
Some nuances
There are cases when an organization issues a duplicate employment form, and after some time the employee finds the original document. In this situation, only one document can have official status, which is the last one recorded in the labor form register. Accordingly, it will be a duplicate. The employee can leave the original in case he needs documentary evidence of his work experience in any authorities.
Duplicate records are certified as follows:
- the authorized employee does not certify information about the length of service with either a signature or a seal;
- after entering all the information about previous work, the signatures of the authorized person and the employee, as well as the company seal, are affixed.
What to do if your old job is over?
Is it possible to create a new work book if the old one has expired? In this case, the HR department employee inserts new forms on which entries continue to be made.
If it is not possible to insert the form into the work book, then you need to replace the work book . To do this, all data from the title page and all data from the work form are transferred to the new document.
If it is not possible to restore all records, make photocopies of them.
They will be needed when applying to the pension fund.
If the work book has been completed, then the phrase “the work book has been issued to replace the lost one” is written in the new work book and the corresponding date is indicated. The HR employee also records.
