Who is responsible for the loss of employment record
Responsibility for loss of employment record
The workbook is the main document confirming the employee’s work activity: it records the entire work experience, it records benefits in case of temporary unemployment, and it also calculates the pension when it reaches retirement age. The loss of the employment record carries great difficulties for the employee, in particular, the passage of a complex procedure for recovering a document, as well as the impossibility of obtaining a workplace before the restoration of the booklet and, therefore, material damage for the days not worked forcibly.
The workbooks of all employees of an 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 an employee of the personnel department or accounting department. If the records and storage of labor books are not officially assigned to any of the officials, the employer is responsible for the loss.
There are different types of responsibility for the loss of employment records. Depending on the circumstances of the loss of the document, as well as at the discretion of the manager, the responsible official may incur a 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 workbooks. Administrative responsibility may be imposed in the following forms:
- a fine of 1 thousand to 5 thousand rubles for the official who first committed such a violation;
- official disqualification for a period of up to 3 years for an official 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, the suspension of activity for up to 90 days for a legal entity.
Procedure in case of loss of employment record
The fact that the employer has lost the workbook usually becomes clear in the process of dismissing an employee and the need to issue him documents. In this case, the employee, first of all, must write a statement to the head of the loss of the document. The head, in turn, must, within 15 days after receiving the application, issue a duplicate 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 paid for all days of loss, counting from the date of the application until the day of issue of the duplicate or original work record to the employee. The payment of compensation can be made by the employer voluntarily on the basis of an application by the employee or compulsorily on the basis of a decision of the relevant authorities to which the affected entity has the right to apply.