Rus Articles Journal

The labor-consuming book of

Loss of the service record - incident more than annoying. Not the fact that infinite circulations on instances will allow to restore this important document completely. But it is necessary to try: there is no other exit. How to optimize this process, the correspondent of “SP“ Elena Malik found out.

the Service record - the anachronism which got to modern Russians in inheritance from the Soviet past. Unlike tickets of the member of All-Union Leninist Young Communist League and coupons for sugar this document did not disappear with approach in Russia of an era of the developing capitalism: service records are still asked at employment (if, of course, not to speak about “illegal“ employment). In the West, by the way, the concept “service record“ does not exist at all. Instead of them applicants bring letters of recommendation from the previous places of work. What, by the way, is quite logical: it is important to employer to know not that, the citizen and as he coped with the duties was registered where exactly.

However, it is senseless to argue with the existing rules. And, if you can lose the service record, it should be restored - at least not to have problems with human resources departments. Besides, it is worth remembering that absence at you the service record not too will please bankers when receiving, for example, a mortgage loan, and also the staff of FSB when obtaining the international passport. And with registration of pension there will be problems.

From the legislative point of view restoration process labor is regulated by two documents with difficult names:“ Rules of maintaining and storage of service records, production of forms of the service record and providing employers with them“ (are approved as the resolution of the Government of the Russian Federation from 16. 04. 2003 No. 225) and the resolution of the Ministry of Labour and social development “About the approval of the instruction for filling of service records“ from 10. 10. 2003.

According to these documents, the person who lost the service record has to address first of all in a human resources department in the last place of the work. Under the law, in 15 days it has to become the happy owner of the duplicate labor. In reality, however, everything is far not so smooth.

First of all needs to be known that in understanding of personnel officers recovery of the service record of the former employee - business troublesome and is perfect them not necessary. Quite possibly, workers of a human resources department will “futbolit“ the citizen, intentionally dragging out process of documents acceptance, or at all will refuse to be engaged in restoration.

In this case the person has two options of actions. It is possible to demand from personnel officers written refusal in paperwork then to appeal to court in search of justice. This process will take a lot of time and will take away the mass of forces. There is also the second option - to address personnel officers from the penultimate place of work: can be, they will agree to help you. However, in this case you “will lose“ the seniority which is saved up on the last workplace.

However even if personnel officers agreed to be engaged in recovery of the book, to rejoice early. At registration of the duplicate of the service record the employee of a human resources department is obliged to enter in it data on the general and uninterrupted length of service of the worker which that had before receipt in this organization. Such record can be made only on the basis of references from all previous places of work or on the basis of the notarized copy lost labor (assurances of a human resources department on the copy it is not enough). When references are collected, through accounts department of the enterprise the citizen should pay the form of the new service record (today this sum is equal to 86 rub) then he will receive the duplicate, on appearance similar to the original, but only instead of the seals of the enterprises, in it there will be a reference to number of the reference according to which record is made.

Collecting references from the previous places of work - the most unpleasant moment in all procedure of restoration. It will be simplest to the person who replaced very few places of work within one city. It should bypass human resources departments of all these enterprises and in everyone to receive “The certificate of the general and uninterrupted length of service“.

If the person worked as

at the enterprise in other city, it is necessary to write request for the address of a human resources department of this office. To accelerate process, it is better to send inquiries the registered mail with the assurance of receipt (it will allow to know that the letter is delivered to the addressee) and for reliability to enclose an envelope with the return address.

If your organization does not exist any more, it is necessary to make such inquiry in gorodskoyarkhiv. Under the law archives of documents of staff (the information about workers, an experience, official movements etc.) have to be stored there all closed enterprises.

, however, can turn out

In reality that data from the enterprise necessary to you in city archive will not appear. The matter is that local legislative assemblies of territorial subjects of the federation at different times adopted the laws “About Archival Fund“ obliging everything the organizations stopping the existence in the territory of the subject to hand over documents in archives. And till this time the situation with transfer to state archives of documents of staff from the enterprises was not controlled. And therefore, especially at the beginning of 1990 - x, not all heads considered it necessary to give after liquidation of the enterprise the archives to storage to the state.

If the person worked as

at one of such enterprises, in state archive of data on its work it will not appear, so, also documentary confirmations of the seniority will not be found.

In this case should use the last opportunity to prove the case: to appeal to court at the place of residence with the statement “about establishment of the facts having legal value“. Before submitting the petition it is necessary to collect the maximum quantity of proofs. Testimonies of at least two witnesses knowing the applicant on collaboration can serve as them. But these witnesses have to document the work at this enterprise in the same timepoint, in other words, to have the corresponding employment records.

as the proof can use also remained employment contracts, references, receipts on receiving a salary etc. - everything that the court can convince. But even if you will not be able to collect all references at once and to carry out judicial proceedings quickly, do not despair. Records in labor can be made also without observance of chronology.

Main - even with blank despair not to buy the blank form of the service record from the citizens trading in them in transitions of the subway and at stations at all. Of course, at desire they can make any record with any press there. But it is worth remembering that possession of such document gets under item 3 of article 327 of the criminal code of Russian Federation “Use of obviously false documents“ that threatens with arrest for a period of up to six months.