Home / Labor Law / Labor book
Back
Published: 06/20/2018
Reading time: 7 min
0
252
A work book is a document containing all the basic information about a citizen’s work activity. The functions of the work book are reduced to reflecting the actual length of service, the reasons for dismissal from each place of work, as well as information about education, qualifications and the presence of labor incentives or penalties.
A work record book is created upon the first official employment of a citizen. All operations for its maintenance and storage are carried out by employees of the personnel department of the employing organization in accordance with legally approved norms and rules.
- Copy of the work book: necessity, registration and validity period Requirements for registration of the copy
- Copy validity period
The original work book can be issued to an employee only upon dismissal, as well as when he receives a labor pension - in the latter case, the document is issued for a limited time. In other cases, the issuance of original work books to employees or other persons who do not have the appropriate clearance is prohibited by law.
No application - no documents
Before we talk about how a copy of the work book is certified, let us remind you that the work book itself is the property of the worker. But it is temporarily kept by the employer so that he can enter into the document all the necessary information about the citizen’s professional activities.
In order to receive a work book, an extract from it or a copy, according to Article 62 of the Labor Code of the Russian Federation, a person must not only ask a personnel department employee to prepare the document, he must contact his superiors in writing. Below is a sample application for a copy. Its form is not established at the legislative level, so the appeal can be drawn up arbitrarily, but taking into account the requirements for personnel documentation (to whom and from whom it is written, the reason and grounds for the appeal, date and personal signature of the applicant). The application can be drawn up by hand or using a computer, as the sample shows. In the latter case, it is important that the application be signed personally by the applicant.
Sample application for issuance of a copy of a work record book
Please note that local regulations of the company may establish another form of applying for labor.
In this case, the corresponding form is issued to the employee, who fills it out according to the prescribed rules. A very important point: the reasons for applying for a copy can be different - to obtain a loan from a bank, obtain a foreign passport, provide data on work experience to the Pension Fund, etc. But in the application, the worker is not required to answer the question why he needed it. This is not provided for by law. Therefore, if in the application forms developed at the enterprise it is required to indicate why it was necessary to certify documents related to the work, GIT inspectors may regard this as a violation of legal norms.
Personnel officers should also remember that it is necessary to consider an employee’s request for a copy of the work book or other documents within three days. And not only to consider, but also to have time to correctly prepare the requested extracts. All of them are provided free of charge. Please note that the employer cannot refuse to provide a copy; this is contrary to the Labor Code of the Russian Federation.
Rules for issuing copies
The employer is obliged to provide the employee with a copy upon request. This rule is enshrined in Article 62 of the Labor Code.
To obtain it, the employee must contact the personnel service of the enterprise. In this case, an application for a copy of the work record book is drawn up in free form, since no uniform template is presented in the regulatory documentation.
It is usually written as follows:
|
|
|
The original work book must be permanently kept by the HR department of the enterprise. It is not issued to an employee for submission to a bank or other institution. However, the organization’s management does not have the right to refuse to provide a copy or charge money for this service: this is contrary to the law.
If a small organization does not have its own personnel department, a copy is made by the secretary. It must be certified by the manager.
Also see “Is the employer obligated to give the employee an original work record book to apply for a pension?”
Sample: how to properly certify a copy of a work record book
A copy issued at the request of the employee, in our case, is an official document. Therefore, it must meet certain requirements. Let's look at them in detail to find out how to properly certify a work record book.
- You need to scan (print) all completed sheets, starting with the title page.
- Each sheet must contain printed text on one side only. If the text is printed on both sides of the sheet, it may not be accepted.
- The text after printing should be clear and easy to read.
- The sheets must be numbered and stitched, as is done by notaries. On the back of the last sheet, you need to “seal” the ends of the thread with a paper sticker and write how many sheets have been collected.
- Each page must be certified. This must be done by a person who is granted such a right by a local regulatory act of the organization or a power of attorney. Otherwise, the personnel officer is obliged to certify the papers from the general director.
- According to clause 5.26 of GOST R 7.0.97-2016 “National Standard of the Russian Federation. System of standards on information, librarianship and publishing. Organizational and administrative documentation. Requirements for document preparation”, the person certifying the document writes “Correct”, then indicates his position, signs and deciphers, and puts down the date.
- The certification note must be supplemented with a record of the place where the original is stored. The inscription “The original document is located in (name of organization) in file No. ... for ... year” is necessary so that the recipient of the copy is informed about the place of storage of the original - please note that the sample certification of a copy of the work book shown in the article contains such a line.
- According to GOST, the employer can use a special stamp to mark the certification of a copy of the work book.
- It is believed that the accuracy of the data must also be confirmed by the seal of the employing organization. However, in the Russian Federation, some companies are exempt from the obligation to have round seals, so they physically cannot affix them. But the documents certified by them will have the same force, even if there is no stamp.
- Regarding the location of the “Correct” entry, the signature and date of the person certifying the duplicate, the seal. All this should capture the data being certified, but not cover or overlap it. Otherwise, the recipient will not be able to read the information and the employee will have to return.
- In some cases, the employee may ask to write the phrase “Currently working.” There is no legal prohibition on this, so it is permissible to make an appropriate entry.
Please note that all of the above requirements are described in GOST, which is voluntary. Therefore, banks, Pension Funds and other organizations may have their own requirements for document certification. They should be clarified in advance.
Sample: how to certify a work book according to the current GOST
Common mistakes
If the personnel officer incorrectly certifies a copy of the work record book, the employee will bring it back and everything will have to be redone. To prevent this from happening, you can print out and keep on hand a sample copy of the work book certified by the employer.
What mistakes do experts often ignore?
- Due to the seal imprint, part of the text is hidden, which makes it difficult for the recipient of the document to understand the records. Place the seal correctly so that it does not interfere.
- The seal itself is worn out, it is difficult to make out which organization it belongs to.
- There are no signatures, position or other information and the person who certified the copy of the work book. Or this employee is not authorized to perform such actions.
- Errors were made when making entries and corrections were made. Any blots are unacceptable; because of them, the document may be declared invalid and returned to the person. If an error is made during certification, the sheet must be scanned again, printed, and the correct information entered.
- Not all sheets are certified. This is only permissible if all sheets of the copy are stitched, numbered and sealed.
Carefully study the sample on how to certify a copy of a work record book and remember the proposed instructions. It will be needed more than once, since the authenticity of other documents relating to the professional activities of workers is similarly confirmed.
Where else can you get a certified copy of a work book?
Until now, we have considered the situation when a person works, and his work book is kept by the employer - in the personnel department or accounting department, if it deals with personnel documentation. But if a citizen is unemployed, he has a work book in his hands, and he needs a certified copy, he must contact a notary. Additionally, you need to take your passport. In a notary office you can certify a copy of a work document for a working person. To do this, he asks the employer for a document against receipt, and then returns it.
The notary copies the necessary pages (usually only completed sheets), stamps them, dates them, and signs them.
But keep in mind that a notary can only make copies of the original work book. If the employee makes copies in advance and brings them, the papers will not be accepted. Because the lawyer checks all the records before copying and only then can certify the work book. By the way, if a notary finds errors or inaccuracies in the records, he will suggest that the person first correct them with the employer, and then make a certified copy.
Notary services are always paid. It is better to check the cost at a specific notary office.
Production and certification
To give copies legal force, there is a certification form in accordance with GOST R 6.30-2003 (see link base.garant.ru). The key word “TRUE” in any declension must be confirmed by the signature of the official with a transcript of the surname and initials.
This is the main requirement of GOST. When copying a book, all sheets are not used. Only filled ones. Sometimes this concerns a specific period of time. But the first page with personal data is required.
Important! Double-sided printing is not permitted. Two pages of the book are located on an A4 sheet. The number of such sheets corresponds to the volume of data.
Print quality is of particular importance. It should be clearly readable, without streaks or unnecessary marks. Constant scale – 100%. Printing scanned documents is not permitted. If for some reason there is no possibility of automatic copying, then the information from the document is printed manually and certified.
To make a photocopy of the labor code of a working citizen, after the last entry in the next line indicating the date, a postscript “working to date” is made. The entry number is accordingly given as follows. Next is the position, surname, initials of the certifier, and the seal of the organization. And the main o.
If there are several pages, then on each page there is a “true copy”, signature, surname, seal. Particular attention is paid to printing. It is placed in such a way that, being on the sheet, it captures the copied section of the book page. Sample:
Sample of a properly certified photocopy
Attention! The file cannot be used as a document. It is for informational purposes only.
From July 1, 2021, it becomes mandatory to indicate the location of the original document. That is, a list of details of the company that issued a copy of the document. Therefore, it is appropriate to prepare the requested document on the organization’s letterhead.
Schematically, the arrangement of records looks like this:
TC certification scheme
Four pages of labor are also placed on one sheet. But GOST provides for two. Saving paper in this case can do a disservice, and the document will be declared invalid.
All sheets are numbered, because their number does not match the specified pages in the copied document. Stitch with threads from the left edge.
The back side of the knot of thread is sealed with a small strip of paper. A stamp is placed by capturing the strip with which the knot of thread is sealed. The number of stitched sheets and the artist’s signature are indicated in words, without decoding.
Registration of an extract from the TC
An extract from the book is often necessary when a certain working period is important. It looks like a completed form developed locally. When requested, the employee himself indicates the time periods of interest to him. This is especially true in cases:
- ´ when combining several jobs or positions;
- ´ for issuance to relatives in the event of the death of an employee.
An extract from the Labor Code contains information from all places of employment. To prepare such an extract, use the organization’s letterhead, which contains the following information:
- Employer details.
- Full name and date of birth of the applicant for the extract.
- Education and specialty.
- Place of work, position and length of service of the employee.
- If available, encouragement and rewards for the employee.
Completed sample employment extract:
Sample extract from TC
At the end of all entries there is a note “working to date” and the date of compilation. Signature of the employee - performer, his position, full name, seal.
If there are several pages, they, as in the case of a photocopy of a book, are numbered, stitched, and certified. If you change your workplace, the extract loses its legal force. If you continue to work, it will be valid for 1 month.
Certification of the document by the employer
A copy of the book is issued to the employee free of charge upon request. The employee writes an application to the head of the enterprise with a request to issue him a copy of the Labor Code and have it certified. The reasons for such a request are not specified.
Next, an order is issued to satisfy the request, and an executor is appointed. This is for large companies where the staffing includes a human resources department and numerous accounting departments.
In small enterprises and individual entrepreneurs, an employee’s request can be satisfied without an order, but within the deadlines.
Note! Production time should not exceed 3 working days. This is stated in the Labor Code of the Russian Federation in Article 89.
Preference is given to copies manually typed on a computer. Entries in the TC are made in handwritten words. And these records are not always legible. Even the best copying equipment sometimes fails.
The procedure for preparing a copy of the work permit is the same in all structures. Although it is permissible for a limited number of employees to certify such copies, in small organizations this is entrusted to chief accountants. Employees who have been dismissed for a long time and who are on well-deserved rest can also make a similar application.
Work books of unemployed citizens
Non-working citizens can contact two institutions for a photocopy of the main document on their employment: their last place of work and a notary’s office.
The signature of the head of administration or an authorized official in small municipalities where there are no notaries is equated to the signature of a notary.
The notary draws up a photocopy also guided by GOST R 6.30-2003. The execution time at the notary usually takes 1 day. But here the service is paid.
The tariff consists of a state duty established by the Law of the Russian Federation in the amount of 100 rubles and the services of the notary himself. The minimum price for legal and technical notary support is 600 rubles. The final rate is calculated individually depending on the completed pages.
How long does a copy last?
At the legislative level, it is not stated anywhere during what period it is possible to present a copy of the work record book certified by the employer or a notary. But credit institutions, Pension Funds and other organizations may have certain requirements. Typically, the “expiration date” of the document is no more than 30 days. When applying for large sums, they may require a copy prepared within 3–14 days.
Please note that if a new entry appears in the work book, then the copied copy made earlier is no longer considered valid. It needs to be redone.
Legal documents
- Article 62 of the Labor Code of the Russian Federation
- "GOST R 7.0.97-2016. National standard of the Russian Federation. System of standards on information, librarianship and publishing. Organizational and administrative documentation. Requirements for document preparation"
Features of making a copy for the bank
How to make a copy of a work record book if the employee’s goal is to obtain a loan from a bank? According to the above rules. In this case, the document records must confirm that the borrower is still working in a certain position. When verifying, the following nuances should be taken into account:
- the copy must be prepared in accordance with all legal requirements, and specific design requirements should be clarified with the banking institution;
- if the last entry in the work book is located at the very bottom of the page, you need to make a photocopy of the blank page following it; this will confirm that the citizen has not been fired or transferred to another position.
