Duplicate work book - sample filling 2020

When is a duplicate issued?

The initiator of the registration is:

• employer;
• employee.

We will show in the table in which cases a duplicate work book is issued and who collects the documents.

In what situations is it possible to issue a duplicate?

The right to receive a duplicate work book, regardless of the reasons for its damage or loss, is granted by law to every citizen who has official work experience.

The issuance of a replacement copy is permitted in several cases.

1 case. The main (primary) form was lost by the owner himself. A citizen who has lost it applies in writing to the place of his last employment. In the statement, he notifies about what happened and asks to provide a duplicate. Within up to 15 days, the employing organization must issue a replacement document, indicating information about the employee’s length of service and employment before starting work in the last organization.

Case 2. Using the document is impossible for a number of reasons. If it has fallen into disrepair due to disrepair or careless handling, then the citizen receives a duplicate at the last place of employment. On the original that has become unusable, a mark is placed on the issuance of a replacement copy, its series and number are indicated.

Case 3. Work records have been lost en masse at the enterprise. Various force majeure circumstances, including natural disasters and technological accidents, can lead to such an emergency. For affected employees, the length of service will be established by an act of a special commission under the regional executive authority.

Case 4 The original form contains information that later turned out to be invalid. If records of this type are discovered (about transfer, about dismissal), the citizen contacts the place of employment to obtain a copy without indicating invalid facts. The requested document is drawn up without indicating erroneous information, a mark indicating the transfer of a duplicate is placed on the original, and the original is returned to the owner.

Case 5 The primary copy records suspension from work due to wrongful conviction. The fact that the record is invalid is confirmed by a verdict acquitting the citizen, or a decision to dismiss the (criminal) case. Records that have official confirmation of invalidity are not reflected in the issued version.

Important! When, after making a duplicate, the original is found instead of the lost document, the duplicate will subsequently be considered the only official confirmation for calculating employment and length of service. The replacement form must be registered in the accounting book, so in the future it is the length of service that is taken into account. The found original should be preserved for provision to the social security structures when assigning an old-age pension.

This is important to know: The procedure for working with work books

Who issues

The rules for maintaining and storing work books regulate when and how a duplicate work book is issued if it is lost. They were approved by government decree No. 225 of April 16, 2003. The responsibility for registration rests with the employer:

• ex, if you do not work after dismissal;
• present if you are already working.

He is given 15 days to do this (clause 31 of the rules). But you collect the documents yourself. The employer only assists in providing and receiving information to confirm work experience (clause 7.2 of the rules). Some of the information contains the personal account of the Pension Fund (SZVK-4). You shouldn't rely on it completely. For many employed people, there is information about the total length of work experience, but there is no detail by period and employer. You cannot make an entry in the workbook on this basis. Sometimes it is not possible to confirm individual places of work - the new document has chronological gaps.

Invalid entry

How to issue a duplicate work book if the entry in the original is declared invalid? This fact is provided for in paragraph 1.2 of the Instructions. Typically, such a record is discovered either after the employee is fired or when he requests a copy of the document. If an error is identified, the employee must write an application for the issuance of a duplicate without an entry that has been declared invalid.

Next, the repeated document is drawn up according to the same rules as in other cases. And accordingly, it will not contain entries declared invalid.

What documents are useful for recovery?

Evidence of a valid past employment relationship:

• details of orders on hiring and dismissal, transfer from positions;
• orders (instructions) and extracts from them;
• certificates containing information about the reason for their issuance;
• personal accounts;
• personal files and cards;
• accounting documentation on wages;
• union card, etc.;
• archival certificates, if the organization no longer exists; court decisions establishing length of service.

IMPORTANT!

Only original documents are used. After registration, the employer retains certified copies of them (part 7, clause 7.2 of the instructions (approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003)).

Basic Rules

A duplicate is a document identical to the original. It is a repeat copy without significant differences (clause 22 of section 3 of GOST R 7.0.8-2013 (Rosstandart order No. 1185-st dated 10/17/2013)). For production, the TC form is used, approved by paragraph 1 of Government Decree No. 225 of April 16, 2003.

Let us list the rules by which a duplicate work book is filled out:

• it is not a copy, but contains data similar to the original;
• exception - information that turns out to be unreliable is not included in the new version;
• personal information about the employee is entered;
• positions and positions held are listed;
• internal transfers, renamings, awards and penalties are recorded;
• information about local documents-bases for changing and terminating the employment relationship is entered.

The following data is not included in the new workbook:

• which cannot be documented;
• inaccurate, erroneous and unreliable.

Management is obliged to take all necessary actions and provide the employee with a new document within 15 days (clause 31 of the rules):

1. Prepare a new form.
2. Enter confirmed entries correctly.

Registration of a duplicate work book

Here are instructions on how to fill out a duplicate correctly and avoid mistakes.

Step 1. To receive it, the employee should contact the previous employer with a statement in any form - the content part indicates the reason for the loss. This is what a sample application for a duplicate work book looks like:

The law does not oblige the employer to issue an order, but in practice large organizations use it. This allows:

• the HR department must comply with the regulatory deadlines for registration;
• justify the use of the form and make an entry in the accounting book;
• the manager and the organization avoid administrative liability for violation of the law (Article 5.27 of the Administrative Code).

IMPORTANT!

Inform the executors who will be involved in the restoration of the applicant with the order to issue a duplicate work book against signature.

Step 2. When filling out a new form, remember the rules for entering data into the title page and other sections. On the title page of the new form:

• write “Duplicate” (upper right corner);
• in the upper left corner there is a note certified by the signature of the responsible person and a seal on the date of issue, reason (loss) and serial number of the original (for example, “A duplicate was issued on May 12, 2019 due to the loss of the work book AT No. 123456765”);
• enter the information that is relevant on the day of registration - last name, first name, patronymic, etc. (there is no need to add data on previous changes to the duplicate (clause 2.1 of the instructions)).

On the original (if it is preserved), make a note that a duplicate was issued in its place (for example, in a situation where one of the entries was invalidated). Enter its series and number (section 1.2 of the instructions).

This is what a sample of filling out a duplicate work book looks like in case of loss and other reasons:

In the section “Information about work” (part 2, clause 7.2 of the instructions):

• calculate the total length of service for the entire period of work;
• do not include the work interval at your enterprise in it;
• dates of admission and dismissal are entered in column 2, serial numbers of the entry - in column 1;
• In chronological order, one by one enter information about each confirmed place of work (column 3);
• Enter information about work at your company according to the general rules;
• in column 4, enter data on certificates, copies of orders or other documents on the basis of which the information is recorded.

A few more rules on how to make a duplicate of a work book in case of loss and other reasons:

1. Each entry made is not certified by signatures of authorized persons.
2. The writing of dates, the color of paste and ink correspond to the instructions.
3. Subsequent data on employment with the current employer is entered in the general manner.

Step 3. Issue the document to the applicant, following the following procedure:

1. Enter information about the issuance of work books and inserts in the book of movement of work books and inserts.
2. Deregister the original (if necessary).
3. Give the new form to the owner against signature.

The procedure for issuing a duplicate in the event of a massive loss of technical documentation

The massive loss of labor documentation at an enterprise due to emergency circumstances, fire, accident and other natural events, due to the exceptionality of the situation, does not require applications for a duplicate work book from employees.

In such cases, duplicates are issued to all employees at the initiative of the employer.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

A special commission must be created, which includes representatives of the employer, trade unions, and other interested organizations (clause 34 of Resolution No. 225).

This commission is engaged in establishing and confirming the work experience of employees, including requesting and receiving all the necessary supporting documents from the employees’ previous places of work, and also collects and analyzes orders, contracts, statements preserved at the enterprise, interviews witnesses, etc.

This is important to know: How can you confirm your work experience without a work book?

In the most difficult cases, work experience is proven in court. Based on the act, which is issued by the commission based on the results of such work, the employer draws up a duplicate of the Labor Code.

As you can see, the process of restoring a lost TC is quite labor-intensive. The gradual transition to electronic work books planned by the Government of the Russian Federation from 2020 will completely solve the problem of preserving employee data on work experience.

The legislative framework

The work book confirms labor activity (Article 66 of the Labor Code). Form, filling, storage, who makes a duplicate of the work book and according to what rules, responsibility of officials - these issues are regulated by law:

1. Labor Code of the Russian Federation - Art. 66.
2. Rules of conduct..., approved. Decree of the Government of the Russian Federation No. 225 of April 16, 2003.
3. Instructions for filling..., approved. Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003.

The manager appoints a person responsible for working with books and observing the rules for their storage (Articles 62, 66 of the Labor Code, clause 45 of the Rules of April 16, 2003 No. 225). For violation of the procedure for maintaining, recording, storing and issuing, officials of the organization bear responsibility established by the legislation of the Russian Federation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation, Articles 140, 292, 293 of the Criminal Code).

Word of the law

The ability to issue a duplicate document is prescribed by paragraphs 31.32 of the “Rules on maintaining, including storing, a work book,” which were approved by the Decree of the Government of the Russian Federation in April 2003 (it is key to the issue of conditions and procedure for issuing a duplicate document).

Decree of the Government of the Russian Federation of April 16, 2003 N 225

In addition, it is regulated by clause 7.1 of the “Instructions for filling out work books,” which was approved by Decree of the Government of the Russian Federation of October 2003 No. 69.

Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69