Who is responsible for the loss of the work record book
Liability for the loss of work record books
The workbook is the main document confirming the work activity of the employee: it records all the work experience, according to her data, benefits are accrued in case of temporary unemployment, and the pension is calculated when reaching the retirement age. The loss of a work record carries great difficulties for the employee, in particular, the passage of a complicated procedure for restoring the document, as well as the inability to get a job before the book is restored and, in this connection, the material damage for the unforced days.
The labor books of all employees of the institution or enterprise are stored in the personnel department or in the accounting department, therefore the person responsible for the loss of the document is responsible for which, according to the job description, the maintenance of labor documents is fixed-usually a personnel or accounting officer. If the record keeping and storage of labor books are not formally assigned to any of the officials, the employer himself is liable for the loss.
There are different types of responsibility for the loss of work record books. Depending on the circumstances, the loss of the document, as well as at the discretion of the head, the responsible official may incur disciplinary punishment, namely reprimand or dismissal. The Code on Administrative Offenses of the Russian Federation provides for administrative liability for violation of the procedure for maintaining, recording, storing and issuing labor books. Administrative liability can be imposed in the following forms:
- a fine of 1 thousand to 5 thousand rubles for an official who first committed such a violation;
- official disqualification for a period of up to 3 years for an official repeatedly re-engaged for such a violation;
- fine from 1 thousand to 5 thousand rubles or suspension of activity for up to 90 days for a person of entrepreneurial activity without the status of a legal entity;
- a fine of 30 thousand to 50 thousand rubles, suspension of activities for up to 90 days for a legal entity.
The procedure for the loss of work record book
The fact that an employer loses his work record is usually found out in the process of dismissal of an employee and the need to issue documents to him. In this case, the employee, first of all, must write an application to the head of the loss of the document. The head, in turn, must, within 15 days after receiving the application, issue a duplicate of the work record 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 date of application and until the day of issuance to the employee of a duplicate or original labor book. Payment of compensation can be made by the employer voluntarily on the basis of an application of the employee or compulsorily on the basis of a decision of the relevant bodies in which the injured subject has the right to apply.