The reasons for the loss of a work book can be very different, but none of them will cause anything but trouble. You can't get a good job, you can't get a pension. There is only one way out - to restore. But you can only make a duplicate of it. Of course, you can always find craftsmen who, for a certain fee, will make any document for you, but remember that in accordance with part 3 of Article 327 of the Criminal Code of the Russian Federation, punishment from a fine to arrest for a period of three to six months is threatened. But the legal "resurrection" of the work book looks a little different.
Instructions
Step 1
Contact your previous employer. According to clause 31 of the "Rules for maintaining and storing work books, making forms of work books and providing employers with them", if you lose this document, you must immediately apply to the employer at your last place of work. If, before losing your work book, you entered into an employment contract with a new employer, then he will be considered the last employer. If you were unemployed when you lost, then you must contact the employer of the previous unemployed position.
Step 2
After receiving from you a statement about the loss of a work book, the employer is obliged to issue you a duplicate within 15 calendar days containing all data on the total and (or) continuous work experience before employment with the last employer and data on work and awards (incentives) that were entered into work book by the given employer. To confirm the total length of service, you will need to submit all supporting documents, moreover, only the originals.
These documents include:
- orders for admission, transfer and dismissal;
- labor contracts;
-notifications confirming the issuance of wages;
- other kind of help, etc.
You need to know that the total work experience is entered into the duplicate of the work book without specifying translations and positions.
Step 3
If the work book is lost by the employer. The loss of a work book by an employer is possible as a result of, for example, fire, floods, negligence of employees, or even malicious intent. If the loss occurred due to an emergency, then a commission is created in the organization, which includes: a representative of the executive authority of the region where the employer is located, a representative of the employer, a representative of a trade union or labor collective. The restoration of the length of service and the issuance of a duplicate of the work book in this case is carried out on the basis of the documents submitted by the employee. If there are no documents, then the testimony of 2 witnesses can be applied. The commission draws up an act indicating the work experience of the employee, on the basis of which a duplicate of the work book is issued.
Step 4
If the employer simply lost your work book, then you have the right to bring him to administrative responsibility in the form of a fine from 1,000 to 5,000 rubles for individual entrepreneurs, and for legal entities - from 30,000 to 50,000 rubles, or suspension of your activities for up to 3 - x months. But even bringing the employer to justice will not relieve you of the red tape about confirming work experience and obtaining a duplicate work book.
