In accordance with article 67 of the Labor Code of the Russian Federation, when employing any employee, an employment contract should be concluded, which is drawn up in two copies in writing. One copy remains with the employer, the second is given to the employee. If one of the parties has lost the employment contract, then it is necessary to issue a duplicate of it. If the employment contract is illegally terminated, then it can be restored in the manner prescribed by law.
Necessary
- - a duplicate of the contract;
- - court statement.
Instructions
Step 1
If you need to restore a lost employment contract, then you can make a duplicate from a document held by one of the parties. That is, if the employer has lost the employment contract, then a duplicate is drawn up from the employee's contract. If the employee has lost the contract, then the employer is obliged to issue him a duplicate, drawing it out in accordance with the original. The signatures in the duplicate must be signed by the employer and the employee; signatures cannot be duplicated
Step 2
If the employment contract is lost by both parties, which happens in exceptional cases, then restore the document on the basis of a job order. Also take into account the entries in the work book and in the employee's personal card. In fact, the lost contracts by both parties are not duplicated, but new contracts are concluded, but taking into account the previous dates.
Step 3
If it is necessary to restore an illegally terminated employment contract, then the employee is obliged to contact the labor inspectorate, submit an application, in parallel, it is necessary to submit an application to the Arbitration Court. In the application, indicate the reasons for the termination of employment, all your claims to the employer regarding illegal dismissal.
Step 4
Apply to the labor inspectorate and the court within three months from the date of illegal dismissal. The most suitable option is to apply immediately, while the workplace is not occupied by another employee. In addition, if you disassemble the illegal dismissal right away, then this gives much more chances that you will take the same job.
Step 5
An employment contract can only be reinstated by a court order. If the court ruled that the dismissal is indeed illegal, then the employer is obliged to issue an order in which it is indicated that the dismissal is considered invalid. Apologize to a co-worker. The employment contract will be valid for the one that was drawn up at the beginning of employment.
