Who is responsible for the loss of employment record
Liability for loss of any employment record
Work book is the main document confirming labor activity of the worker: it includes all work experience, according to her accrued benefits in case of temporary unemployment and the pension is calculated upon reaching retirement age. Loss of employment record brings great difficulties for the worker, in particular the complex procedure to restore the document, and the inability to get jobs until the restoration of books and, in this regard, the material damage for forced rough days.
Employment records of all employees of the undertaking kept in the personnel Department or in the accounting Department, so the responsibility for loss of document carries the person, which, according to the job description fixed maintenance work documents – this is usually the employee of the personnel Department or accounting. If the registration and storage of labor books not officially linked to any of the officers, the responsibility for the loss lies with the employer.
There are different types of responsibility for the loss of employment record. Depending on the circumstances of the lost document, and at the discretion of the Director, the responsible officer may incur disciplinary punishment, namely, a reprimand or dismissal. The code of Administrative Offences of the Russian Federation provides for administrative liability for violation of the order of business, accounting, storing and issuing of labour books. Administrative liability may be imposed in the following forms:
— the penalty from 1 thousand to 5 thousand rubles for officials who has committed such violation
job disqualification for a period of 3 years for officers repeatedly involved in such violation
— the penalty from 1 thousand to 5 thousand rubles or suspension of activities for a period up to 90 days for individuals business activities without status of legal entity
— the penalty from 30 thousand to 50 thousand rubles, or administrative suspension of activity for a period up to 90 days for legal entities.
Procedure in case of loss of employment record
The fact of the loss of the employer work book, usually it turns out in the process of dismissal of the employee and necessary for the grant of the documents. In this case, the employee, first and foremost, should write a letter to the head of loss of the document. The supervisor, in turn shall, within 15 days after receiving the application, give the employee the duplicate copy of the work book.
The employee is also entitled to financial compensation. It is calculated on the basis of the average wage and is paid for all days of the loss, counting from the date of application and up to the date of issuance to the employee of a duplicate or original of the work book. Compensation can be implemented by the employer voluntarily on the basis of statements of the employee or force, on the basis of decisions of relevant authorities to which the injured party has the right to appeal.