The work book is one of the most important documents recording labor relations. It contains important information about the professional “baggage” of a working citizen, well-deserved rewards, as well as the reasons for his dismissal from previous positions. The responsibility for filling it out lies with the employer, and this document is stored in the personnel service, with the possibility of handing it over only to dismissed employees.
Meanwhile, there are often situations when a person needs a copy of the specified book to be submitted to one or another authority. How to get it if the book is not with you, but with your employer? In addition, a simple copy will be invalid; it must be certified in a certain way.
Let's consider how to correctly carry out this procedure and avoid some common mistakes so that the resulting copy is actually relevant at the place of provision.
Why might you need a copy of the employment document?
A document indicating a person’s consistent official employment may be needed not only when applying for employment at his main place of work. The list of reasons for needing to obtain a copy can be quite extensive:
- Prevention of loss or damage to the original . It is always a good idea to have a copy of such an important document. After all, despite the fact that the employer is responsible for the safety of your work record, unforeseen situations cannot be ruled out when it is damaged or lost, whether due to a human factor or an emergency situation. Restoring data from work records is a rather labor-intensive and time-consuming procedure, so a certified “just in case” copy is insurance against possible troubles.
- Part-time employment. If the combination of positions is internal, the labor issue is not relevant. After all, the employer, and therefore the personnel service, are the same. But if an employee combines positions in different organizations, then he will need a duplicate of this document to provide it to another employer.
- Looking for a new job. If a person plans to change his place of employment and is looking for a new job before leaving, then he may need this copy to compile a resume, as well as during interviews.
- For banking organizations. Banks require this paper in cases where a person is counting on a loan or intends to act as a guarantor when issuing a loan to another person.
- When applying for a foreign passport. A citizen of the Russian Federation, when filling out an application for a foreign passport, must indicate data on his professional employment as they are formulated in the employment contract. Even if by law it is not necessary to provide a copy for this purpose, having it in front of your eyes in this case will be much more convenient.
- The social security authorities will ask you to present your work book or a copy of it when assigning a subsidy, allowance or other payments for which work experience matters. An incorrectly certified copy will force you to go through the difficult procedure of waiting in line to see the inspector again.
- To obtain a visa to certain countries. Some consulates prefer to receive, among other documents for a visa, information about the work experience of the departing citizen.
NOTE! The law does not limit situations in which an institution may require a copy of a person’s employment record. It all depends on the specific situation and goal.
Other structures
To apply for a visa, you also need to provide a copy of your work record. In this case, slightly different rules apply. If all documentation has a deadline of up to three months, then for labor documentation it is again a month. However, some pages need to be translated into a foreign language.
Those who have encountered the registration of social security benefits know that it always involves collecting a huge number of documents and certificates. A work record book is no exception if you need to apply for child benefits or a lump sum payment. The validity period of a copy of a work record for social security is the same as the validity of a copy of a work record for a loan - 30 days. The same deadlines apply to documents collected in court.
Where to certify a copy of a work permit for a non-working person?
The work record is yours, not the employer's, but for some reason you need a certified copy. Where should a citizen who is currently not officially employed or is already a pensioner turn? He has the right to certify a “double” of his employment document in the established manner:
- from the last employer, if he agrees (at the end of the copy, the authorized person will indicate the reason why the person is no longer an employee of this organization);
- from any notary (they are authorized to certify copies of any documents if the original is available, the contents are not checked).
For FMS
You can apply for a foreign passport at the Federal Migration Service. To do this, among other lists of documents, the citizen must provide a copy of the employment document. However, it is provided only to employed persons. If a citizen is unemployed, then he is obliged to show the original form where his last job is recorded.
How long is a copy of a work book valid for a foreign passport? The same as for obtaining a mortgage – a month. But unlike banks, FMS allows you to renew your copy. To do this, you need to contact the employer with an already made copy of the document and re-stamp it.
All information must be easy to read and recognize.
Don't Make These Mistakes
The most common mistakes that can negate the validity of a certified duplicate or extract from a work record book:
- lack of a copy of the cover page with personal data;
- the presence of the o, signature, date and seal not on all pages of the copy (the absence of any of these elements is enough to lose relevance);
- the bound version does not indicate the number of sheets of copy;
- the seal does not capture the text of the copy, but stands on the empty field below it.
ATTENTION! The copy will become invalid one month after issuance, as well as if additional entries were made to the original during this month. The exception is a notarized copy - its validity is unlimited.
How do I get a copy and how long is it valid?
The work book itself during the period of work is kept by the current employer, whose responsibility is to maintain this document (Article 66 of the Labor Code of the Russian Federation, clause 3 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). The work book is one of the documents related to work, and a copy of it must be issued to the employee upon his application within 3 working days (Article 62 of the Labor Code of the Russian Federation).
The validity period for such a copy is not established by law. Therefore, with regard to such a period, you need to focus on the requirements set by the bank, remembering that each specific bank may have its own requirements.
What mistakes can be made when certifying a copy?
When certifying a copy, you should be careful to avoid mistakes.
The document should not contain:
- additions made in pencil or pen;
- blurry text;
- unclear signatures and stamp;
- seals of the wrong type.
You should also enter all the required information provided by GOST R 7.0.97-2016. Otherwise, the document will not have legal significance.
Advice! In practice, there is an option when a document is stapled, the place of fastening is sealed with a sheet of paper, and a mark is made. This type of assurance is unacceptable. The sheets are easy to unfasten and replace with others.
Alternative assurance
There is an option for document certification, where you do not need to put a stamp and signature on each page. You can do it another way:
- each photocopied sheet must be numbered (in the sequence in which they appear in the original);
- sew the resulting copy (the thread should go beyond the last sheet);
- on the last page, tie a thread and stick a sheet on it, indicating on it how many pages are stitched and numbered, the signature of an authorized person and the stamp of the organization (it must be placed so that one half of it is on the sheet with information, and the other half is on the copy itself );
- It is necessary to put the date of certification of the document.
Usually the copy is certified quite quickly, since any authorized person knows how long the copy of the work book is valid.
About managing personal affairs
The employer is obliged to maintain personal files of employees if this is expressly prescribed by regulations. For example, such a requirement is established for executive authorities. Those companies that are not subject to such acts have no obligation to maintain personal files of employees. However, sometimes employers begin to form them on their own initiative. In this case, they themselves draw up a list of documents that need to be included in their personal file. But it is important to comply with the law on the confidentiality of personal data.
So, for one reason or another, the company decided to create personal files for employees. First of all, you need to draw up a local regulatory act that will define important points and rules. This could be a standard or a position. It is advisable to reflect all the rules for registering personal files and the composition of documents.
The main rule: you should not collect unnecessary information about an employee in reserve - only what is really important. Otherwise, the principles of working with personal data will be violated.
Who needs to add job information first?
First of all, employees with extensive experience should contact the Pension Fund, says Ekaterina Kiseleva. It is more difficult for them to restore data if work records are lost, which means that this data must be protected as soon as possible.
Almost all employees need to duplicate work records in electronic form, Dmitry Kofanov is sure. In this case, it does not matter whether they switched to electronic labor or not. “Let information about the length of service be contained in the Pension Fund. Responsibility for its safety should lie with other people, and not with you,” the expert emphasizes.
Reasons for registration
Sample certification of all sheets of copies of a document
The basis for the procedure is an application from an employee who needs a document to be submitted to the authority. There are no special requirements for its form, so it is possible to design the paper in any form. In this case, one should take into account the basic norms of office work, which imply reflection in the document:
- personal data of the addressee and recipient;
- a text part indicating the applicant’s specific request with explanations;
- signature and date.
The law defines the right of the head of a business entity to review a document for three days, after which he is obliged to provide what the employee requires free of charge. In practice, the documentary issue is resolved on the same day. Most often, the manager prepares the papers after an oral request from the employee.
Who better not to rush to transfer information to the Pension Fund
You should not transfer information about your work to an electronic database to those who have something to hide. This could be, for example, employees who were fired for drunkenness. “Citizens have the right to apply to the Pension Fund, and not the obligation. This means that you don’t have to report anything, and the database will only contain the date of dismissal without specifying the reason,” clarifies Dmitry Kofanov.
Those who first got a job in 2021 or later do not need to contact the Pension Fund at all. All information about them is already in the database.
Read on the topic: What is an electronic work book and is it worth getting it?
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Who certifies the document?
Officials authorized to certify a copy of the employment contract are appointed by local acts of the company.
In practice, document preparation is entrusted to:
- to the head of the company on the basis of the charter;
- an official temporarily replacing the head of the company on the basis of a power of attorney;
- employees of the HR department, accounting department in accordance with orders;
- to the arbitration manager on the basis of a bankruptcy court decision.
You should know! It is allowed to have a copy certified by a notary. You will need to present a genuine document. Each page of the original must be signed by both parties to the contract. You can flash the agreement and sign it at the place where it was flashed. If this is not done, the notary will doubt the authenticity of the contract and refuse certification.
What can a copy be useful for?
A copy of the work permit is periodically required by various organizations, these include:
- Banks;
- Federal Migration Service;
- Embassies;
- Social protection;
- Courts and others.
This document may be required for:
- Obtaining a loan, mortgage, benefits, allowances, subsidies;
- Registration of passport and visa;
- During the trial;
- When adopting children, etc.
Since the work book is the only document recording information about a person’s work activity, this document is required when carrying out certain actions.
How to stitch documents correctly
Such methods, for example, may include the use of sequential numbering of sheets indicating their total number and identifying details of the document, signing each sheet by the author with the numbering of the sheets, affixing seals or stamps at the intersection of sheets of the document, affixing a continuous relief (pressure) seal through all sheets of the document etc. (clause 1.3. Methodological recommendations for certifying the accuracy of copies of documents and extracts from them). — there is a risk of substitution of sheets in the contract, and if a dispute arises in court, such discrepancies in contracts are not always interpreted in favor of the employer. The employer will still need to prove that the forgery was committed by the employee and not him.
We wrote more about document firmware in the material at the link. Forgery of a stitched contract is less likely, and the fact of forgery itself may become more obvious, because
- When and how to conduct a personnel audit Maintaining personnel document flow in strict accordance with the letter of the law is necessary, since these documents are used not only by the personnel service, but also by the accounting department to calculate wages. They can be checked by the labor inspectorate and tax authorities; employees may need extracts and certificates.
- Personnel audit. What documents does your company need to have? An audit of personnel records management is one of the most important components of the procedure for assessing the effectiveness of the entire personnel management system and the human resources potential of an organization or an independent procedure as part of measures to reduce the fiscal and reputational risks of the company, including when resolving labor disputes in court.
TOP 10: “digitization” of work records in questions and answers
In 2021, employees need to decide on the format of information about their work activities, and employers must send a monthly report to the Russian Pension Fund using the new SZV-TD form. Starting next year, everything will work in full: almost daily reports to the Pension Fund, and information about work activities will be kept in electronic form.
Of course, it is necessary to digitize labor relations, because this should simplify and facilitate our work with you. But, alas, as with almost any regulatory innovation, we still have more questions than answers. Moreover, it is employers who bear the main burden of risks; their anxiety is quite understandable. We will answer the most frequently asked questions regarding the implementation of electronic work books.
What wording should be added to the PVTR in connection with the transition to electronic work books?
The Labor Code of the Russian Federation does not provide a single and universal formulation, so its content depends on what is written in your Internal Labor Regulations (ILR). If the PVTR has a section about the documents that an employee submits upon employment, add an addition there. You can quote a phrase from Art. 66.1 of the Labor Code of the Russian Federation states that when applying for a job, a person presents information about his work activity (in the STD-R form) together with or instead of a work book.
note
If the PVTR describes in detail the procedure for dismissal, it is logical to make changes here too, specifying how a person will receive information about the length of service in the STD-R form if he is not there on the day of termination of the contract or he refuses to receive it. You can use the wording from Art. by analogy. 84.1 of the Labor Code of the Russian Federation, which states that in this case the company must send the employee a notice of the need to appear for the book or agree to send it or information about work activities.
How to check a candidate’s work experience if he has an electronic work record book?
There may be several options. The simplest one is to ask the applicant to bring a certificate from the Pension Fund of the Russian Federation or a copy of a paper work record book, which was previously given to him by another employer. The Russian Pension Fund has information about who paid contributions per person and in what periods.
Well, then you will have to collect recommendations, as before. But keep two things in mind. First, you must obtain written consent from the applicant to request information from previous employers. Secondly, you will be able to obtain data from your previous employer only if your applicant gave such consent to the previous employer upon dismissal.
What to do with remote employees and their work records?
First of all, you need to look at the text of the employment contract on remote work and make changes taking into account Art. 66.1 and 84.1 of the Labor Code of the Russian Federation. For example, the document must indicate that the book is being maintained and information about activities is being compiled in accordance with legal requirements.
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Let us remind you that by agreement of the parties, information about remote work may not be entered into the book, and when applying for a job for the first time, it may not be completed. In the absence of an agreement, the employee provides the book in person or sends it to the employer by mail. These additions will legalize the ability to maintain an electronic record book for a remote worker or not to maintain a record book at all.
Is the employer obliged to notify the missing employee (not fired) about the introduction of electronic work books? If yes, then how?
Perhaps this is one of the most interesting questions today, because the main thing is to comply with the law. One of our clients even coined the term “lost” about such employees. To eliminate risks on your part, you need to notify the person by all available means at the addresses and details you have. You can also use the transition to electronic work books as a reason to write them a more “tough” letter asking them to come and resign correctly.
They were given time to notify me about choosing a work book. But there will be a lot of papers
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Let us also recall that the employer was obliged to notify employees about the transition to electronic work books on June 30, 2020 inclusive (Clause 4, Part 1, Article 2 of the Federal Law of December 16, 2019 No. 439-FZ “On Amendments to the Labor Code of the Russian Federation in Part generating information about labor activity in electronic form" (hereinafter referred to as Law No. 439-FZ)). However, the Government of the Russian Federation, by its resolution No. 887 dated June 19, 2020, moved this deadline to October 31.
If, after notification, the employee does not inform about his choice of how to maintain a work record book by December 31, should the company switch him to an electronic work record book from 2021 and give him a paper record book?
If there is no application from the employee, it cannot be automatically transferred to an electronic book. This conclusion is based on Part 2 of Art. 2 of Law No. 439-FZ. That is, you continue to keep a paper book. If an employee did not have the opportunity to submit an application before the end of the year, he has the right to do so at any other time in a number of cases. For example, when an employee, as of December 31, 2020, was not performing work duties, but his place of work was retained, say, in case of illness.
Another option is if a person has work experience, but as of December 31, 2020, he was not in an employment relationship.
Is it necessary to enter the serial number of the entry and the date in the book when making an entry that the employee has submitted an application to maintain information about labor activity in electronic form?
How to do it? Law No. 439-FZ establishes the obligation to make a record of filing an application to provide information about labor activity. It is made by analogy with a job application in accordance with Section 3 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 (hereinafter referred to as the Instructions).
The Russian Ministry of Labor, in letter No. 14-2/B-150 dated February 12, 2020, explained how to fill out a work book in this case:
- Column 1 contains the entry number;
- Column 2 indicates the date of issue of the work book;
- in column 3 you write: “A written application (last name, first name, patronymic) has been submitted for the employer to provide him (her) with information about labor activity in accordance with Article 66.1 of the Labor Code of the Russian Federation (Part 2 of Article 2 of Federal Law of December 16, 2019 No. 439- Federal Law)". Let us remind you that this norm states that the employee must, by December 31, 2020, inform the employer in writing which book to keep next - a regular one or an electronic one. If the person does not make a choice, the company must continue to maintain a paper version. Please note that according to the Instructions, abbreviations in records are not allowed. Therefore, we suggest instead of abbreviating “g.” write “year” in full;
- in column 4 the date of submission of the application is indicated, indicating the day, month, year.
The entry must be certified as usual: with the signature of the employer or the person responsible for maintaining work books, the seal of the organization (if any) and the signature of the employee to whom the work book is issued (see letter of the Ministry of Labor of Russia dated March 16, 2020 No. 14-2/B- 267).
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note
Don’t forget to also write in column 13 “Receipt of the employee for receipt of the work book” of the book for recording the movement of work books: “Issued on the basis of a written application (last name, first name, patronymic) about the provision of information about labor activity to him (her) by the employer in accordance with Article 66.1 of the Labor Code of the Russian Federation (Part 2 of Article 2 of the Federal Law of December 16, 2021 No. 439-FZ).”
Then the employee confirms with his signature that he has received the work book.
Taking into account the latest changes in the law, please list the complete package of documents that the company must issue to the employee upon dismissal.
On the day of dismissal, the employee must be given:
- work book. If a person has chosen electronic, you need to provide information about your work activity (using the STD-R form). The issuance method is selected by the employee in the application. If he cannot pick up the document on the day of dismissal, notify him of the need to come for it or agree to send data on paper by mail;
- certificate of salary in the form approved by Order of the Ministry of Labor dated April 30, 2013 No. 182n. If it is not possible to issue a certificate on the day of dismissal, send a notice similar to the situation with the work book;
- a certificate of income and personal income tax amounts (here, as above, if a certificate cannot be issued, a notification must be sent to the employee);
- at the written request of the employee - extracts from the information in the forms SZV-M, SZV-STAZH, DSV-3 (if the company transferred contributions to the funded part of the pension) and calculation of insurance premiums. It is necessary to issue an extract, and not the document as a whole, because other data is confidential.
What legislative changes come into force or are repealed from July 2021
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In addition, the employee may request a dismissal order. In this case, you must issue a certified copy of the order, based on Part 2 of Art. 84.1 Labor Code of the Russian Federation. Also, upon written request from the employee, certified copies of other work-related documents, such as orders for transfers, application of disciplinary sanctions, etc., must be provided.
If the employee has kept a paper book, is it necessary to submit reports in the SZV-TD form to the Pension Fund upon dismissal?
The employee’s choice of a paper work book does not exempt the employer from submitting a report in the SZV-TD form. In case of dismissal, the company must make an appropriate entry in the work book and submit reports to the Pension Fund of the Russian Federation in the SZV-TD form by the 15th day of the next month.
Is it necessary to submit information about the work activity of a registered person (using the SZV-TD form) if there were no changes during the reporting period?
Based on the literal interpretation of the law, reporting in the established form must be provided for each employee who was hired, fired, transferred to another permanent job, as well as for the one who submitted an application to retain the paper version of the work book or refuse it. If you have had such changes, report this to the Pension Fund; if not, a report is not needed.
But if by 01/01/2021 you have no reason to send reports, then by 02/15/2021 you must report information about the employee’s activities in your company to the Pension Fund of the Russian Federation. That is, by this time the Pension Fund should have information about all employees. Please note that there may be few events for 2021 and there may be a lot of information to report in February 2021, so it is best to spread the load and report this year.
If an employee has chosen to maintain a paper work record book, can he receive information about work activity (in the STD-R form) in electronic form?
No, it cannot, until you have submitted an application to choose an electronic work book or have submitted an application to continue maintaining a paper one. Moreover, regardless of when the information is requested - on the day of dismissal, under Art. 62 of the Labor Code of the Russian Federation during the working period or after (Articles 62, 66, 66.1, part 5 of Article 80 of the Labor Code of the Russian Federation).
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Legislation
The book is an important document, therefore its storage is strictly regulated by Labor Law. According to it, when a person is registered for a job, he hands over his book to the employer. And it must be kept during the entire period of employment with him. It is issued on the employee’s last day of work. If necessary, the employee is provided with a certified copy of the book to confirm his experience or employment.
The only exception to the rules is the need to provide it to Social Security. In this case, the employer is obliged to issue the original document against signature. But the employee is obliged to return it no later than 3 days after the Social Security book is returned to him.
All other organizations, regardless of their state or commercial direction, do not have the right to demand the original book if the person is officially employed.