How to restore labor?
The workbook is an official document, which reflects information about the owner: personal data, profession, specialty, stages of employment. The workbook is kept by the employer while the person is working. When you dismiss the book is handed out.
Loss of employment record
The reasons for the loss of employment record may be different:
- loss by employer
- casualty loss.
In any case, there are many problems, such as difficulties in the subsequent employment, receiving unemployment benefits, registration and receiving a pension. How to restore labor, what should be done for this? When a workbook is lost, the following actions should be done:
First you need to apply to the employer for the last place of work. And the employer must, within 15 days, issue a duplicate of the work record to the employee. Information on previous employment on the basis of documents is entered into this duplicate: an order for admission and dismissal, employment contracts.Awards and incentives are recorded here if there are supporting documents.
If documents for confirmation of work experience cannot be provided, then the total work experience - the number of years, months, days - is recorded in the workbook.
The question whether it is possible to restore the work book will have to be answered negatively. It is not possible to restore labor by legal means, you can only get a duplicate. Of course, there may be craftsmen who “draw” any documents for money, but before turning to such masters, remember the Criminal Code of the Russian Federation, part 3, article 377, and you may face a fine or arrest for using fake documents from 3 to 6 months. So before you begin to think about how to recover lost work, you should think only about legal actions.
Damage to the workbook
Problems may also arise in the case when the employment record is torn, stained, burned, etc. Then it will not be necessary to find out where to restore the work book. All records of the employment record that was damaged, of course, they should be read into the duplicate. If the records are not readable, then a supporting document must be attached, and an entry is made in duplicate.On the first sheet of the damaged employment record, the entry “instead of a duplicate issued” is put and the series and number of the duplicate are indicated.
Employment record lost by employer
This situation may arise as a result of negligence, it may also be the employer's malicious intent or emergency situations (flood, fire).
If it is a fire or a flood or the like, then a commission is created consisting of representatives of the employer, representatives of the executive branch, and a representative of the trade union of the organization. The establishment of length of service, as in previous cases, is documented. If there are no documents, then 2 or more witnesses can be used. According to the results of the commission an act is drawn up, indicating the periods of work, profession, position, duration of work experience. And then, already on the basis of the act, a duplicate workbook is issued to the employee.
If the employer cannot explain where the labor is, then in this case it is possible to attract the employer for violating the law under art.5.27. Administrative Code to administrative responsibility. For an individual entrepreneur it will cost a fine of 1 to 5 thousand rubles, a legal entity will pay a fine of 30 to 50 thousand rubles.Or, by court decision, they will be suspended for up to 90 days. If at the same time there is no labor, then you still have to get a duplicate work record, while there must still be supporting documents.
Experience in a liquidated organization
When confirming the length of service in a liquidated organization, it is necessary to contact the archive, from where the corresponding certificate will be issued. In the absence of the necessary information about the work, it is necessary to apply to the court, providing at least 2 witnesses who can confirm the fact of work.
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