A work book can be lost for many reasons, and none of them, unfortunately, will cause nothing but problems. You will not be able to find a job or to issue documents upon retirement. The only way out is to restore the lost document, but how to do it? It is impossible to restore a work book in a legal way, you can only issue a duplicate of it.
Instructions
Step 1
Firstly, in accordance with clause 31 of the "Rules for maintaining and storing work books, making forms of work books and providing employers with them" in case of losing your work book, you must immediately draw up a written application addressed to the employer at the last place of work. Who is considered the last employer? If, before you lost your work book, you entered into an employment contract with a new employer, then he is the last employer. If you did not work when you lost your work book, then you need to contact your previous employer.
Step 2
Within 15 calendar days after accepting your application for the loss of your work book, the employer is obliged to issue you a duplicate, which will contain all data on the total and (or) continuous work experience before employment with the last employer and data on work and awards (incentives), which were entered in the work book by this employer. In order to confirm the general length of service, you will need to submit all of the following documents, moreover, only originals:
- orders for admission, transfer and dismissal;
- labor contracts;
-notifications confirming the issuance of wages;
- other kind of help, etc.
Do not forget 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.
For example, in the event of a fire, flood, employee negligence or even malicious intent. In this case, a commission should be created in the organization, which should include a representative of the executive power of the region where the employer is located, a representative of the employer and a representative of the 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 documents are missing, then the testimony of two witnesses can be applied.
The commission draws up an act in which it indicates 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 three months … But even bringing the employer to justice will not relieve you of the problems associated with confirming work experience and obtaining a duplicate work book.
