general information
A work book is a special form that is used throughout a citizen’s entire working life and contains complete information about the length of service received.
Based on the information entered, the Pension Fund calculates the full length of service and assigns a labor pension. Due to the importance of the information included in the document, the work book belongs to strict reporting forms. Thus, each document has a unique number and must be processed and stored in accordance with legal restrictions.
Entries in the book are entered in chronological order. If an error is found there, it must be corrected in accordance with the instructions for this case.
A work record book can be used to confirm the presence of experience in a certain profession.
Responsibility for creating a second work book
Having two books is not legal. However, in most cases there is no liability for this. There will be no punishment if the new document reflects truthful information in full. A person bears responsibility only when the information has been falsified. In this case, punishment can be imposed on the basis of Article 327 of the Criminal Code of the Russian Federation. It entails the following responsibilities:
- Imprisonment from 2 to 4 years.
- A fine of 80,000 rubles.
FOR YOUR INFORMATION! As a rule, there is no punishment even for a work book with false information. This is considered a minor violation.
Punishment is more likely if the employed person continues to receive unemployment benefits on the basis of a false book. Receiving social benefits based on forgery implies the following liability:
- Article 7.27 of the Code of Administrative Offenses of the Russian Federation. Involves liability for petty theft. If the amount of damage is less than 1,000 rubles, it is returned five times. Alternative liability - arrest for 15 days.
- Article 159 of the Criminal Code of the Russian Federation. Involves punishment for fraud. The guilty person is either fined in the amount of 120,000 rubles or given corrective labor. Alternative liability under the same article is arrest for several months or imprisonment for up to 2 years.
- Article 327 of the Criminal Code of the Russian Federation. Involves liability for forgery or forgery of documents. The guilty person may be sentenced to imprisonment.
- Article 395 of the Civil Code of the Russian Federation. Involves liability for unlawful receipt of funds. The person will have to return the entire amount received in full, as well as pay interest.
If a person has received benefits illegally for a long time, liability will most likely arise.
What to do if a forgery is detected?
If the fraud is related to work in two companies, the employer will most likely fire the employee. This is due to the fact that the employment of such an employee violates the provisions of Article 282 of the Labor Code of the Russian Federation. This is a law on part-time work that limits a person’s employment in two companies. For this reason, fines may be imposed on the company. The employee quits to avoid liability.
If, upon employment, an employee presented the employer with a work book with falsified information, he can also be dismissed in accordance with paragraph 11 of Article 81 of the Labor Code of the Russian Federation. It introduces appropriate penalties for data falsification.
How many work records are allowed?
The law determines that every employee must have a work book. But it is not stipulated anywhere that it must be in a single copy, just as there is no direct prohibition on the execution of several documents at once.
However, in practice, personnel officers, when answering the question of whether it is possible to have two work books at the same time, most often say no.
Currently, the leading role of the work book is to confirm the length of service for calculating a pension. In this case, only one document is submitted to the government agency for consideration.
If for some reason an employee has two documents on hand, he can transfer all the information to the main labor document from the rest. But then it is necessary to go to all the employers who were presented with other labor documents, and there obtain confirming certificates.
Currently, employers are increasingly reporting to the pension fund electronically, uploading there their data on the length of service of employees. Therefore, the value of labor in such situations is gradually reduced to zero. In addition, work is actively underway on a complete transition to electronic work books.
For an employer, the value of a work book is quite high, since only from it can he find out the previous work path of a new employee, as well as the reasons for dismissal. Therefore, the presence of several documents at once may raise suspicions.
Important! If the space in the document runs out, then you cannot open a new form. In such a situation, you need to use a special insert that is attached to the main book.
Registration of a second work permit for a foreigner
Taking into account the immigration of foreigners, the question of whether it is possible for a citizen of another state to have two work books is especially acute. The main document, which was issued in a foreign country, is often not accepted by the personnel service. The rules for filling out are significantly different, so it is much easier to create a new version of the standard established in the Russian Federation.
Attention! The exception is books issued by enterprises to residents of Kazakhstan, Ukraine, Belarus and other republics of the former USSR. Then you can make entries directly into them. The rules for their maintenance and storage are practically no different from those adopted in Russia. Therefore, there is no need to start a second one.
When you may need a second copy:
New work books usually appear for employees when the main document was lost for some reason, or a “bad” dismissal record appeared in it, which must be hidden from future employers.
When applying for several jobs
A citizen can take on several jobs to increase his income. In this case, the first position will be considered the main one, and all others will be considered a part-time job.
Is it possible to have two work books at the same time?
How much can you legally have?
Labor law has a huge base of normative legal acts that regulate these relations. Articles and paragraphs, to varying degrees, address all issues arising from the relationship between the state, employee and employer. But the question of the availability of work records is not covered anywhere, much less information about their number.
Article 66 of the Labor Code states that the work book is the main document for the employee related to his direct work experience. That is, there is no mention of the fact that there can be two documents in the labor code.
Also, other normative and legal acts in the field of labor law do not talk about the presence of more than one work book, from which we can conclude that this action, like holding two work books at once, is not prohibited by law, but in fact it is not permitted by direct text .
You will learn how many work books you can have by law from Article 66 of the Labor Code of the Russian Federation:
Is it possible for foreign employees to have 2 work books?
Current legislation establishes that if a foreign citizen is employed in Russia and he already has a work book from his state, it cannot be used.
In this case, you need to open a Russian work book. Therefore, the question of whether it is possible to get a second work book must be answered positively.
Attention! The exception to this situation is workers from countries that were formerly part of the USSR. If a USSR-type work book is presented at a new workplace, then it is necessary to make entries in it on a general basis without replacing the document.
Possible problems of having two books
The absence of a formal prohibition does not give a positive answer to the question of whether it is possible to open a second work book, because subsequently the employee will have difficulties with government agencies. Before purchasing a second copy to provide to a potential employer, it is recommended that you read them carefully:
- Tax authority. When applying to the Federal Tax Service for a deduction, you will need to provide a copy of your employment record. If you do this using two documents at once, the employee will certainly be accused of abuse of rights and will be held accountable, for example, a fine will be issued.
- Educational institution. When using vacation to pass a session, it is paid for only one place; in the second you should take it “at your own expense.” If it is paid twice, it is considered fraudulent.
- Pension Fund. This document serves as proof of the availability of the necessary insurance experience for additional accruals. Without it, an old-age pension will not be issued. But the years may not be counted, since both options cannot be provided. You have to choose the most profitable one for yourself.
- Social insurance. It is possible to have 2 work books, but this will certainly entail problems when calculating compensation from the Social Insurance Fund for a period of temporary disability or when going on maternity leave. It is unacceptable to receive payments required by law both at your main place and as a part-time worker.
The simultaneous use of 2 work books is not a violation, and therefore does not entail administrative or criminal liability. But if such abuse is detected, the accuracy of the information specified in the document is checked to eliminate the possibility of fraud.
Is there responsibility?
Problems at work
Existing legal norms do not provide for the employee’s responsibility for having two labor records if the information reflected in them is true and the data is not repeated.
In this regard, the presence of several labor records, provided they reflect reliable data, can be considered legal, and the consequences of this situation should not occur.
Things are different when the information in the labor report contains deliberately false information and can mislead the company’s management.
Most likely, such an employee will be fired, and he will not be able to recover even through the court. Also, a company employee may be brought to administrative liability, which implies a fine of up to 80,000 rubles.
An employee can try to keep his job if he can prove that the incorrect information was entered without his knowledge.
Then the employer can reinstate this company employee’s employment based on the submitted supporting certificates from previous employers.
Criminal liability
When deciding whether it is legal to have two labor records or not, it is important to consider what information is reflected in them. If all the specified data in all labor records is reliable, then there is no restriction on recording labor records. In order to avoid being held accountable, it is important not to include knowingly false information in this information.
Is this legal? Is the second book “real”?
Is it possible to work with two work books in different organizations? The legislator is silent on the issue of obtaining a second work book, but legal theorists say that the second work book is not legal, and therefore not real. Not a single legal act speaks of work books in the plural.
And all because the legislator probably wanted to emphasize in this way the fact that the work book is provided only in a single copy.
Responsibility for 2 technical centers at the same time: what will happen?
The legislation does not stipulate responsibility for having two work books in hand. But in the administrative and criminal codes there is a reference to forgery of documents (find out about liability for forgery of labor documents). And even though the work book is not an exact copy of its first predecessor, it is, in fact, a second document that acts as a work book.
precedents in judicial practice where employees were held accountable for such acts.
As for other types of responsibility, the pension fund, when calculating your work experience and, accordingly, pension, will take into account only one work book, as well as the tax authority. This means that one of the documents will be considered unnecessary and the length of service from it will not go to your general fund and will not in any way affect the amount of pension contributions.
Nuances of calculating length of service and benefits
Currently, the work book is still considered the main register that can be used to confirm the presence of work experience in organizations for calculating pension benefits.
The situation is twofold in relation to the two work books. According to the law, there is no direct permission to have two labor cards on hand at once.
On the other hand, liability measures are not determined if the employee has several work books. Just like the prohibition that one cannot take into account work experience from two years of work.
The main thing is that the information entered into them answers:
- Entries that are made in labor records must be reflected in them in accordance with the accepted instructions for filling out.
- The information entered into the employment record must correspond to the actual place of work.
If the management of a new company has doubts regarding the employment information reflected in the employment information, it can take the following measures:
- Request copies of employment agreements from the person applying for a job.
- Request from the applicant certificates of employment from previous employers.
- Copies of orders on admission and dismissal from previous jobs.
Attention! When the measures taken make it possible to establish the reliability of the facts, then the data of both workers can be taken into account.
What consequences?
For every citizen who works using two work books at once or has simply accumulated a small collection of such documents at home, the question of the possible consequences is important.
As we have already seen above, the current legislation very vaguely reports on the number of work books. In fact, you can draw conclusions based on your own interpretations. As for any punishments or consequences for a citizen, there is no question of this at all.
However, this does not mean a complete absence of sanctions for citizens. Let’s imagine a situation in which a citizen already works in one company, where he has a work permit. Then the citizen comes to apply for a job at another company and reports that he does not have a work permit because he lost it. The company believes him, hires him and gives him a new document. If the truth is revealed, then the new employer can, at his own request, say goodbye to the employee by terminating the contract, since the employee’s actions fall under Art. 81 Labor Code of the Russian Federation. It says that an employer can fire a citizen if he finds out that he submitted false documents during registration.
Nuances associated with the second work book
In recent years, there has been active discussion of the issue of abolishing such a concept as a work book. However, in 2020 this is the main paper that is used to calculate a citizen’s length of service. Every person who officially gets a job is required to keep a work book in which various entries related to the activities of the Russian will be made. So, when employment occurs, a mark is made in this document indicating the date, position and other information.
Accounting and storage of work books is carried out according to the rules provided for by the legislation of the Russian Federation. The document form has a standard form. Today you can find several options on sale: with and without a hologram. Whatever type you have, it will be considered valid. The work book has a strict reporting category, and therefore any actions with it are strictly controlled.
As we said earlier, various actions related to applying for a position are recorded in this document. However, the following events are also recorded here:
- dismissal;
- translation;
- training;
- awards and more.
In general, a work book is a very important document, which is mandatory when calculating pension payments. To be fair, we note that information about the length of service of a citizen of the Russian Federation is also contained in other documents that can be used for confirmation. However, besides this, it may be required in many other cases.
Calculation of pensions and benefits
In addition to the above consequences, you may have difficulty obtaining benefits. Despite the fact that a person works in two organizations at once, he can only count on cash payments for pregnancy or other reasons in one place. The same situation applies to sick leave, because in this case a corresponding form is drawn up, and there must be only one. It is not allowed to submit documents at two enterprises at the same time. Of course, the violator will not receive any fines or other types of punishment. The only thing company representatives can do is fire such an employee.
Important! The most serious problems may arise when pensions are calculated. A person has two books and works two jobs. Unfortunately, for such people, it is impossible to submit both documents with earned experience to the government office.
When the time comes for a pension, it is accrued. Moreover, it does not matter whether payments to the budget were made in two organizations or not. Pension Fund employees will use only one work book when counting years worked. Thus, a person will lose a huge amount of experience when applying for a pension, which means that the amount of the pension will be less than it could be.
So, to the question of whether it is possible to have a second work book, we answered. However, the consequences for the employee can be very different. Before you decide to take such a step and work at two jobs officially using different documents, think carefully about whether you are ready for the possible difficulties that await you in the future. It is much easier to work in two places, but with one job.
What are the risks of working with two work books?
According to Article 65 of the Labor Code of the Russian Federation, if a citizen has lost or damaged a labor document, the manager at the main place of employment is obliged to draw up a new document. Although the legislation of the Russian Federation does not provide for the possibility of filling out and maintaining several Labor Codes, in practice this occurs.
Second work book: is it legal? On the one hand, when an employee presents two Labor Codes, the manager can begin to fill out the document that indicates the last record of dismissal.
On the other hand, Article 65 of the Labor Code of the Russian Federation indicates that when applying for employment, a person must provide one copy of the employment document.
Problems for an employee can only arise in the following cases:
- when exercising the right to tax deductions at both places of work (the manager has the right to impose penalties on the violator);
- when applying for benefits and benefits at several places of employment;
- when indicating false information on work sheets.
As a rule, in the cases listed above, the employer, having learned that the employee has a second employment contract, may insist on immediate termination of the employment contract.
Formally, the second Labor Code is an official document that also has legal force. Judicial practice on bringing citizens with multiple jobs to justice has not yet been formed.
If you do not apply for benefits at several places of employment at the same time and do not falsify entries in the Labor Code, you will not have problems with the law.
