In accordance with the Labor Code, the employer is obliged to keep records, store and issue work books. Thus, it is he who is responsible for the loss of the work book. The responsible person can be an employee of the personnel department or the head of the organization himself
Responsibility for the loss of the work book
The work book is the main document confirming the work activity of the employee: it records all work experience, according to its data, benefits are accrued in case of temporary unemployment, and the pension is calculated upon reaching the retirement age. The loss of a work book brings great difficulties for the employee, in particular, going through a complex procedure to restore the document, as well as the inability to get a job before the book is restored and, in this regard, material damage for the involuntarily unworked days.
The work books of all employees of an institution or enterprise are stored in the personnel department or in the accounting department, therefore, the person who, according to the job description, is responsible for keeping labor documents is responsible for the loss of the document, is usually an employee of the personnel department or accounting department. If the registration and storage of work books is not officially assigned to any of the officials, the employer himself is responsible for the loss.
There are different types of liability for the loss of a work book. Depending on the circumstances of the loss of the document, as well as at the discretion of the manager, the responsible official may be subject to disciplinary punishment, namely, a reprimand or dismissal. The Code of Administrative Offenses of the Russian Federation provides for administrative liability for violation of the procedure for maintaining, recording, storing and issuing work books. Administrative liability can be imposed in the following forms:
- a fine from 1 thousand to 5 thousand rubles for an official who has committed such a violation for the first time;
- official disqualification for a period of up to 3 years for an official re-involved for such a violation;
- a fine from 1 thousand to 5 thousand rubles or suspension of activities for up to 90 days for a person of entrepreneurial activity without the status of a legal entity;
- a fine from 30 thousand to 50 thousand rubles, suspension of activities for up to 90 days for a legal entity.
Procedure in case of loss of work book
The fact that the employer has lost his work book is usually found out in the process of dismissing the employee and the need to issue documents to him. In this case, the employee, first of all, must write a statement addressed to the manager about the loss of the document. The manager, in turn, is obliged, within 15 days after receiving the application, to issue a duplicate work book to the employee.
The employee also has the right to receive material compensation. It is calculated on the basis of the average wage and is paid for all days of loss, counting from the day of the application until the day the employee is issued a duplicate or original work book. The payment of compensation can be carried out by the employer voluntarily on the basis of the employee's application or compulsorily on the basis of the decision of the relevant authorities, to which the affected subject has the right to apply.
