If there is an error in the work book when applying for a pension. Checking work books for calculating pensions. If there is no work book
The work book is still the main document that confirms the length of service of a citizen necessary for the appointment of an insurance pension. Despite the fact that the Pension Fund of Russia has long maintained individual pension accounts for each citizen, before assigning payments, all data is checked against the work book. As the Pension Fund said, some errors in this document create significant difficulties for future pensioners, and may even deprive them of the opportunity to receive a pension in principle.
What happened?
The Pension Fund of Russia reminded all citizens, as well as their employers, of the most common mistakes when filling out a work book, which can complicate the life of a future pensioner, as well as completely deprive him of the opportunity to receive a pension. We are talking about a pension, which is assigned upon reaching retirement age if the pensioner has enough insurance experience or accumulated pension points. In particular, for the appointment of a pension in 2018, you must have at least 9 years of service and 13.8 points. From 2025 insurance pension will be received by citizens with at least 30 points and 15 years of insurance experience. To work in the period up to 2000, when the Pension Fund of the Russian Federation has not yet recorded the length of service on individual pension accounts of citizens, it is necessary to have a properly executed work book. For those pensioners who have fresh experience, the PFR also advises to be meticulous in completing all the documents necessary to receive a pension. In this regard, PFR specialists told what exactly to pay attention to personnel officers and employees.
Fatal errors in work books for pensions
As examples of errors that, according to the experience of PFR specialists, are most often found in work books, the following are noted:
1. the absence of the date and number of the order for employment;
2. lack of details of the dismissal order;
3. absence of records about the new name of the organization (in case of its change);
4. lack of data on the new surname (name) of the owner of the work book;
5.Incorrectly made corrections;
6.corrections not certified by signature or seal;
7. absence of signature of an authorized person;
8. Blurry and unreadable prints;
9. absence of an entry in the work book about the reorganization of an enterprise or institution.
Therefore, in order for the pension rights of a citizen to be taken into account in full, the PFR recommends periodically reconciling the data of your individual personal account with the data from the work book. After all, it, among other things, “reflects the periods of labor activity” indicated in the PFR databases. Such a regular and early appeal of citizens to territorial FIU branches at the place of residence to check documents will help to avoid possible unpleasant surprises when applying for a pension. Indeed, according to the PFR data for 2017, 8.3 thousand people were denied the appointment of an insurance pension for various reasons. Such citizens, if they do not put their documents in order (and this is not always possible), will only be able to count on a social pension.
How to correct mistakes in labor?
If in the records of the work book the employee himself or the personnel specialist has revealed incorrect information or another error, they must be corrected. But this must be done in such a way that the document remains valid. In particular, be guided by the Instruction approved by the Decree of the Ministry of Labor of Russia dated 10.10.03 No. 69. An erroneous entry on the title page of the document about the last name or patronymic, as well as education and the name of the profession, you just need to cross out with one line so that it can be read, and on make an entry on the cover about the correction, certified by the signature of an authorized person with a transcript, as well as the seal of the organization (if any). If a mistake is made in the entries inside the book, nothing can be crossed out. You need to make a new entry that will cancel the old one. In this case, the new data must be certified by the signature of the responsible person and, if available, the seal of the organization or the personnel service.
The faster the error is identified and corrected, the more likely it is that the earned experience will not be lost when a pension is assigned.
Today in Russia, a work book is the main document that can confirm your work experience. Recently, the Pension Fund conducted explanatory work with citizens and spoke about those errors in work books that may affect the formation of your pension or even deprive it of it.
Now work books are filled in manually in personnel departments and therefore the human factor can often be present. Errors when filling out work books occur very often, but they only pop up when a citizen applies to the FIU or under other conditions when a work book is handed over to a citizen.
Now, to receive an insurance pension, a person needs 9 years of service and 13.8 pension points. After 2025, it will take 15 years seniority and not less than 30 points. Those who started their labor activity Until 2000, you need to scrupulously check your labor for errors, since then the Pension Fund did not yet maintain its database of individual pension accounts of citizens.
Critical mistakes that can affect your pension.
The date and (or) number of the order for employment is not filled
There are no details of the order to dismiss a citizen
The absence of a record of the renaming of the organization (if there was such a renaming)
There is no record of a change in the surname (name) of a citizen, if such a change was
Incorrect corrections in the work book
Corrections in the labor without certification by signature and seal
No signature of an authorized person
Unreadable (blurry) prints
No record of institution reorganization
In order for all the points to be accurately filled out, the FIU recommends that citizens periodically check their work books on their own. If errors were identified in the work book by the personnel department or the employee himself, then they can be corrected, but to correct it, you must be guided by special instructions that will allow you to leave the document valid. The instruction was adopted by the Ministry of Labor of Russia No. 69 dated 10.10.2003
The sooner you can notice an error in the labor and correct it, the more likely it is that the registration pensions will pass smoothly and the experience earned will not be lost.
On the eve of the introduction of the new Labor Code, in 2002, there were persistent rumors about the abolition of work books.
Many citizens then believed that work books were no longer necessary, and explained this by the fact that every worker had a certificate of state pension insurance, which supposedly could replace a work book when applying for a pension.
But the new Labor Code, introduced on February 1, 2002, retained the legal norm, which indicates that the main document on the work activity and work experience of an employee for assigning a pension to him is a work book.
One of the main conditions for determining the right of a future pensioner to a pension and its amount is the length of service, and the main document confirming the length of service is the work book.
Labor books first appeared in 1918 in Soviet Russia as a document on the basis of which ration cards were issued.
In their current form, the Labor Code defines work books as “the main document on the work activity and work experience of an employee.”
With the introduction of personalized accounting in the state pension insurance system, the work book loses its function of accounting for seniority, which was the most important criterion for calculating a labor pension.
A personal entry in the state pension insurance system contains much more complete information about the future pensioner's work activity than is reflected in the work book.
In addition, as a result pension reform the size of the labor pension of citizens of the Russian Federation is calculated on the basis of receipts to their individual personal account in the Pension Fund of the Russian Federation, and not only on the basis of seniority.
But, nevertheless, it is almost impossible to issue a pension without presenting a work book, it still needs to be presented “live”.
If you do not want problems when applying for a pension, take care of your work book.
Federal Law No. 90-FZ of June 30, 2006 “On Amendments to the Labor Code Russian Federation…” amendments were made to Article 66 of the Labor Code “Labor Book”.
From October 6, 2006, individual entrepreneurs were also obliged to keep work books for their employees, for whom this work is the main one. At the request of the employee, information about part-time work is entered in his work book.
As in Soviet time, continues to operate legislative norm, according to which information is entered in the work book:
about the work being done
about translations
about awards
grounds for termination employment contract.
As before, information about holidays and disciplinary sanctions is not entered in the work book.
Thus, a work book is a document confirming work activity and work experience for the purpose of assigning a pension.
Dependence of the pension on the work book
People of the older generation knew: if you don't accumulate seniority, you won't get a pension. And without a work book, it is impossible to confirm either the length of service or calculate the pension. The work book was the main document for determining the size of the pension.
However, this situation changed to a certain extent after the pension reform.
Now there are different kinds pensions. They are provided by two laws. According to the Law of December 15, 2001 No. 166-FZ “On state pension provision» a citizen can receive:
seniority pension;
old age pension;
disability pension;
social pension;
survivor's pension.
According to the Law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation”, a citizen can be assigned:
old-age labor pension;
disability pension;
labor pension in case of loss of the breadwinner.
The main difference between labor pensions and social pensions is that their appointment is associated with the presence of insurance experience in the system of compulsory pension insurance, confirmed by a work book.
Insurance experience - the duration of periods of work or other activities during which paid insurance premiums to the pension fund.
Now almost all employees have their own personal account with the Pension Fund of the Russian Federation, where pension contributions are recorded. From the moment of registration in the system of compulsory pension insurance, the insurance period no longer has of great importance- the amount of accumulated contributions is important.
However, the registration of citizens in the Pension Fund of the Russian Federation began only on April 1, 1997. Therefore, the main document confirming the insurance period before registration in the mandatory pension insurance system is the work book (clause 6 of the Government Decree of July 24, 2002 No. 555 “On Approval of the Rules for Calculating and Confirming the Insurance Experience for Establishing Labor Pensions”).
And therefore, in the Pension Fund of the Russian Federation, entries in the work book are considered with special care. The work book must be filled out strictly according to the instructions in force at the time of making entries in the work book.
Practice shows that when assigning a pension, PFR employees examine each line of the work book literally under a magnifying glass. And if it seems to the PFR inspector that the information in the work book is inaccurate or there are errors in the design, the seals are smeared, then the citizen will be asked to confirm the dubious period of work with additional documents.
For example, with the help of certificates from previous jobs or from archival institutions. Of course, this data is far from being preserved everywhere, and sometimes it is simply impossible to recover it. Therefore, as practice shows, the 90s are quite difficult to fit into the work experience of citizens. And today's pensioners are already faced with this problem.
Let's see what a pensioner can count on, depending on the length of service confirmed by the work book.
Currently, the labor pension consists of two parts: the basic part of the labor pension and insurance part labor pension.
Only from 2013 will the third part of the labor pension be added - funded part labor pension.
The basic part of the labor pension is paid if there are two main conditions:
reaching retirement age and
at least 5 years of insurance experience confirmed by the work book.
The insurance experience confirmed by the work book must be present, otherwise it is impossible to obtain labor pension by old age.
The second part of the labor pension is insurance. It is calculated like this. First, the labor pension is determined on January 1, 2002. To do this, on the basis of entries in the work book, the “estimated pension capital” of a citizen is determined.
There are two options here:
the first - based on the average salary for 2000-2001;
the second option - the future pensioner chooses the period of seniority for any five years preceding 2000. Receives a certificate from the place of work for this period, which must indicate wage for each month of this five-year experience.
To the amount calculated on the basis of the selected option, contributions to his individual personal account in the Pension Fund of the Russian Federation, paid by the employer for the employee from January 1, 2002 to the present, are added. The amount received is divided by the “survival period”, the so-called T-period (Article 14 of Law No. 173-FZ “On labor pensions in the Russian Federation”), and the amount of the pension is received.
The third part of the labor pension is the funded part of the labor pension. It will be paid only from 2013 and it will also be part of the labor pension.
If there is no work book?
It turns out that according to the documents, these citizens never, at least officially, did not work.
In this case, the FIU will not issue an old-age pension to a citizen. However, upon reaching the age of 65 for men and 60 for women, social pension provided for by Law No. 166-FZ “On State Pension Provision”.
Its amount is determined as a percentage of the basic part of the old-age labor pension provided for by the Law on Labor Pensions (Article 18 of Law No. 166-FZ).”
Important. If you do not want serious problems during registration future pension, take care of your work book, control the correctness of the entries made in it, especially when performing work with harmful and difficult conditions. Your right to an old-age pension and its amount will depend on the availability and correctness of the work book.
Currently, there are three types of work books: 1938, 1973 and 2003.
Labor books of a new type were put into effect on January 1, 2004. All three types of work books have the same legal force and do not require replacement.
The rules for filling out work books are approved by the Decree of the Ministry of Labor of the Russian Federation No. 69 "ON APPROVAL OF INSTRUCTIONS FOR FILLING OUT WORK BOOKS" dated October 10, 2003.
In accordance with these rules, entries about the time of military service began to be made in the work book.
The form of the income and expense book was approved for accounting for forms of work books and inserts to them, as well as the form of the book for accounting for the movement of work books. Any organization is required to have two such books. When an employee is dismissed, he must sign his receipt of the work book both in the book of accounting for work books and in the work book itself.
Taking into account that the incorrect maintenance of work books can lead to serious problems for employees when they apply for a pension, the administrative responsibility of the employer was introduced for the incorrect maintenance of work books.
The work book is produced by the Gosznak association and has the appropriate degrees of protection, series and number, by which you can determine when it was issued.
There were cases when employees, through fraud, in collusion with employers or vice versa, in order to mislead them, made an entry regarding work at a time much earlier than the form of this work book was issued. The consequence of such fraud with a work book is not only a refusal to assign a pension, but also a criminal punishment.
When assigning a pension, the Pension Fund will definitely pay attention to this.
It is important to know that strikethroughs and corrections are not allowed in the work book. If an incorrect entry was made, then it is recognized as invalid, after which a correct entry is made.
The presence of violations in filling out work books and the lack of supporting documents entail the exclusion of periods of work from the length of service, which can lead to the establishment of a pension in a smaller amount, and in some cases, to the impossibility of assigning a pension due to insufficient length of service.
As practice shows, numerous mistakes are made when registering work books, which creates for people serious problems when granting pensions.
What are the most common violations in filling out work books?
the absence in the work book or an indistinct imprint of the seal on the records of admission and dismissal from work;
the absence in the work book of the name of the organization, position in the employment record;
the name of the organization in the employment record in the work book does not correspond to the name of the organization in the seal on the record of dismissal from work. This is what happens when various kinds reorganization of enterprises and institutions, when the record of reorganization in the work book of the employee is not made;
the presence in the work books of changes, corrections and erasures; which are not certified in the prescribed manner;
on the title page of the work book there is no or incomplete information about the change in the last name, first name, patronymic, year (date) of birth. Such information must be entered by the employer with reference to the details of the document (series, number, date, issued by whom), and also certified by the signature of an official and the seal of the organization;
any details of the work book are not filled in (for example, in the column "on the basis of which the entry was made" there is no reference to the order for hiring, dismissal from work, or the number or date of the order is not indicated);
it is impossible to make out the entries in the work book due to careless storage of work books.
Particular attention must be paid to the fact that, according to the instructions, the entry in the work book about dismissal from work is certified by a specially authorized person, whose authority is certified by the seal of the organization.
If the seal of the personnel department is affixed, then only the head (specialist, inspector) of the personnel department can be such a person. If the entry in the work book about the dismissal is signed by the head, then the entry is certified only by the seal of the organization, the seal of the personnel service in this case is unacceptable. Other seals (general department, office, etc.) are not allowed.
There are other problems associated with the work book, which can be identified at the stage of preparing documents for the appointment of a pension.
How can I eliminate violations made when filling out a work book?
As a rule, to confirm the period of work, the record of which was entered in the work book with violations, it is enough to submit a certificate from the organization or an archival certificate (in the event of the liquidation of the organization or the transfer of documents of the existing organization to an archival institution).
If the organization is not liquidated, then errors in filling out the work book can be eliminated by the employer by making appropriate changes and additions to the work book, in the manner prescribed by the instructions for filling out work books. If by this moment the enterprise or institution has been reorganized and their name has changed, then the corresponding "historical" certificate should be attached to the work book.
Information about changing the last name, first name, patronymic, year (date) of birth can be entered in the work book in the prescribed manner by the employer at the last place of work of the citizen.
If it is impossible to correct the violations in the work book (the organization's primary documents are missing or available, but they also contain errors), issues can be resolved in court.
What other documents besides the work book can confirm the length of service?
In the event that the work book is lost, or there are no records of individual periods of work in it, written labor contracts, work books of collective farmers, certificates from employers, certificates from archival institutions, extracts from orders, personal accounts and statements for the issuance of wages are accepted.
When the work book is not maintained, the period of work is confirmed by a written employment contract.
Work under a civil law contract, the subject of which is the performance of work or the provision of services, is confirmed by the specified contract and the document of the employer on the payment of mandatory payments (contributions for state social insurance and insurance premiums for compulsory pension insurance until January 1, 1991, unified social tax and unified tax on imputed income for certain types of activities).
If a mistake is made in the work book, the PFR may refuse to apply for a pension, and, despite the data stored in the Pension Fund, justice will have to be restored only through the courts.
How to recover a lost work book
The reasons for the loss of a work book can be very different - from a banal theft to the revenge of a former employer. Nevertheless, the absence of a work book gives nothing but trouble - you can’t get a normal job, or issue a pension.
There is only one way out - to restore the work book, but how?
Strictly speaking, the phrase "restoration of a work book" is not used quite correctly, since it is impossible to restore a work book in a legal way, you can only make a duplicate, nothing more.
Of course, there will always be people who, for a certain amount, will "restore" your work book in at its best(and even on old letterheads from the times of the USSR).
But before using the services to restore the work book of such masters, remember that, according to Part 3 of Art. 327 of the Criminal Code of the Russian Federation "Forgery, production or sale of forged documents, state awards, stamps, seals, letterheads", for the use of forged documents may face a penalty from a fine to arrest for a period of 3 to 6 months.
And this is despite the fact that you will only be "restored" all the entries that were quite legally made in the lost work book. The legal procedure for "resurrecting" a work book looks a little different.
Contacting a former employer
In accordance with paragraph 31 of the Rules for the maintenance and storage of work books, the production of work book forms and the provision of employers with them, approved by Decree of the Government of the Russian Federation No. immediately declare this in writing to the employer at the last place of work.
The question immediately arises of what is considered the last place of work. If before losing the work book, the employee entered into an employment contract with a new employer, then this employer will be considered the last place of work. If the employee was unemployed at the time of loss, then the former employer should be contacted.
Within 15 calendar days from the moment of receipt of the application, the employer is obliged to issue you a duplicate of the work book. A duplicate of the work book must contain information about the total and (or) continuous work experience before joining the last employer and information about work and awards (incentives) entered into the work book at the last place of work. To confirm the total work experience, it is necessary to submit supporting documents, and only originals.
Such documents include:
job orders;
employment contracts;
personal accounts or statements for the issuance of wages;
information on the work experience of the insured person for the period prior to registration in the compulsory pension insurance system, in the form of SZV-K (data are provided by the Pension Fund of the Russian Federation; in 2002-2006, this information was formed by the Pension Fund of Russia on the basis of work book entries);
an extract from the individual personal account of the insured person in the form of SZI-5 (also provided by the Pension Fund of the Russian Federation);
various kinds of certificates, etc.
It is important to note that the total length of service in the duplicate work book is recorded in total, that is, the total number of years, months, days of work is indicated without specifying the employer, work periods and positions of the employee.
Employment record is damaged
Depending on the reasons for the loss of the work book, the actions of the employee and the employer to restore the lost work book may differ significantly.
If as a result of the impact external factors the work book has fallen into disrepair, i.e. burned, dirty, torn, etc., then, in accordance with paragraph 33 of the Rules for maintaining and storing work books, the employee also has the right to demand a duplicate of the work book.
But unlike the previous case, when only general information about the length of service and the last place of work is entered into the duplicate work book, here all entries from the damaged work book are transferred to the duplicate work book, provided that they are readable.
Unreadable records will have to be documented. In a damaged document, on the first page, an entry is made "a duplicate was issued instead" indicating the series and number of the duplicate.
Employment record lost by the employer
Cases of loss of a work book by an employer are possible either as a result of emergency situations, for example, fire, flood or riots in the office, or as a result of negligence and even malicious intent of the employer.
In the first case, in accordance with clause 34 of the Rules, a commission is created, which includes representatives of the executive power of the constituent entity of the Russian Federation at the location of the employer, representatives of the employer, representatives of the trade union organization or labor collective. As in all previous cases, the determination of the length of service for the work book is made on the basis of the documents available to the employee.
In their absence, the testimony of two or more witnesses may be used. Based on the results of the work of the commission, an act is drawn up, which indicates the periods of work, the profession (position) and the duration of the work experience of the employee. On the basis of this act, the employee is issued a duplicate of the work book.
If the employer claims that he simply lost your work book, then in this case there are all grounds for bringing him to administrative responsibility.
Violation of the legislation on the maintenance and storage of work books refers to a violation of labor legislation and labor protection.
Article 5.27. Code of Administrative Offenses - involves the imposition of an administrative fine on officials in the amount of 5 to 50 minimum wages. Violation of the legislation on labor and labor protection by an official who has previously been subjected to administrative punishment for a similar administrative offense shall entail disqualification for a period of one to three years.
It is likely that after contacting the labor inspectorate and the prosecutor's office at the same time, your work book can miraculously be found.
If this did not happen, then even bringing the employer to responsibility will still not save the employee from the need to obtain a duplicate work book. In this case, you will also need to confirm your experience with documents.
The work book, with a record of dismissal entered into it, is issued to the employee on the day of his dismissal. In the event of a delay in the issuance of a work book to an employee due to the fault of the employer, an incorrect or inconsistent wording of the reason for dismissal of the employee in the work book, the employer is obliged to compensate the employee for the earnings that he did not receive for the entire time of the delay in issuing the work book.
The employer is responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of the termination of employment upon dismissal:
due to walking
conviction of an employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict that has entered into legal force and
upon dismissal of a woman whose employment contract was extended until the end of pregnancy
The terms of storage of work books are legally determined. So, work books that are not received by employees upon dismissal or in the event of the death of an employee by his closest relatives are stored for 2 years in the personnel service, and then transferred to the archive of the organization. The shelf life of unclaimed work books is 50 years.
What to do with the work books of workers who came from neighboring countries?
The work experience of CIS citizens is also valid on the territory of Russia. But if employees of the CIS countries come to work in Russia, then our employers are required to get them new work books of the Russian sample. That is, an employee from Tajikistan, Ukraine cannot present to a Russian employer a work book of the country from which he arrived in Russia, with the exception of those workers whose entries are made in a work book of the 1974 model.
Can I temporarily take my work book to submit it to the Pension Fund for registration of a pension?
This is still a controversial issue between the Federal Service for Labor and Employment and the Pension Fund of the Russian Federation, which, in order to assign a pension, requires the employee to submit the original work book. This requirement of the FIU is unfounded.
If the employer gives the employee a work book in his hands, even if signed, he will still be responsible for its safety! This rule applies as long as the employer is labor relations with an employee.
Finally:
Take care of your work book, check the correctness of the entries made in it, especially when performing work with harmful and difficult conditions. This often determines the right to an early retirement pension.
The main function of the work book is to record the length of service.
Remember the main thing - experience will not be confirmed by data pension fund, but your work book.
Every year, the number of applications from citizens for the purpose of preliminary verification of documents for the appointment of a pension is increasing. In our republic, since the beginning of this year, more than 6,500 citizens have applied to the Office of the Pension Fund of Russia as part of the early preparation of documents for the appointment of a pension.
The most important document required for assigning a pension is a work book, a passport and your insurance number (SNILS).
The practice of working with documents shows that in work books there are often corrections in dates, unreadable or illegible entries, corrections in surnames, as well as inaccurate job titles, lack of information about work in districts Far North etc.
All discrepancies in the documents require additional clarification, a request, and unequivocally - time and nerves.
There are situations when, when applying for a pension, a future pensioner has to urgently look for and collect some additional or missing documents, worry, etc.
In order to avoid such a situation, for the timely appointment of pensions, the bodies of the Pension Fund of Russia carry out early work with persons retiring.
How to pass an advance check of documents in the Pension Fund of the Russian Federation?
There are several main ways:
- personally approach the PFR Department;
- send documents through your employer;
- send documents through the administration of the rural settlement.
Personal appeal (by appointment).
1 year before retirement, the PFR Departments form lists of prospective pensioners (based on age - 55 years for men and 50 years for women). Further down the list, letters of invitation are prepared and sent out. Do not ignore such letters.
If for some reason you have not received an invitation letter, and in the next six months you are already retiring, then you should not wait for an official invitation.
The main problem in informing future pensioners is the outdated address database. If you have moved, changed your place of residence and have not received an invitation letter, we recommend that you independently contact the PFR Department at the place of residence.
Submission of documents through the employer
If you are working, then you can now submit documents for preliminary verification and assignment of a pension (!) through your employer.
It is necessary to ask the personnel service of your organization whether or not an agreement has been concluded with the Pension Fund Department on the provision of documents necessary for the appointment of pensions.
To date, more than 1,300 employers have entered into agreements on the provision of documents for the appointment of a pension.
If such an agreement is concluded, then all interaction with the Pension Fund of the Russian Federation takes place through the personnel department. Personnel services of enterprises and organizations, 12 months before the right to a pension, provide electronically scanned documents of the future pensioner (their employee) to the territorial bodies of the Pension Fund. The PFR departments check the received documents, and send back a message about the results of the verification of documents.
Submission of documents through the heads of administrations of remote rural settlements
Residents of separated rural settlements can send documents through the administration of the rural settlement.
Now with organs local government in remote rural settlements, work is underway to conclude agreements on the provision of documents necessary for the appointment of a pension.
It is necessary to ask the head of the rural settlement about the existence of an agreement with the PFR, and if such an agreement is concluded, then interaction with the PFR Department takes place through the administration of the rural settlement.
It does not matter which way of interaction with the Pension Fund you choose, preliminary preparation documents will make the process of assigning a pension easier and more efficient.
Before you is the decision of the Velsky District Court of the Arkhangelsk Region on establishing the fact of ownership of the work book.
Due to errors made during the execution of the work book - the absence of the company's seal on the title page, the date of birth indicated incompletely, the records of the change of surname upon marriage not properly certified and not certified by the seal, unspecified corrections made - the employee could not use the labor applying to a pension fund.
As a result, the fact that the work book belonged to the employee for calculating the pension had to be established through the court.
And in the article “Labor books. Recommendations for design "you will find for yourself a lot useful information, telling about the correct filling of such an important document as a work book, with sample records and photographs, and also find out whether your work book is a standard document or belongs to the "creativity" of one of the "craftsmen" of the 90s, when control over the process there was practically no production and distribution of labor by the state.
SOLUTION
In the name of the Russian Federation
Velsky district court Arkhangelsk region as part of
presiding Latfullin I.G.,
under the secretary Zvyaginskaya I.S.,
examined in open court in the city of Velsk a civil case on the application of Y. to establish the fact that the work book belonged,
u s t a n o v i l:
Ya. applied to the court, substantiating her claim by the fact that when she started working in 1974, she was issued a work book, while there was no seal of the enterprise, the date of birth was not indicated in full - only the year of birth was indicated. Having married twice, in case of a change in the work book, the appropriate entries were not made, duly certified and certified by the seal of the enterprise. In 1978, a second work book was issued, in which unspecified corrections (outlines) were made, and there was also no seal of the enterprise, in addition, there was no seal of the enterprise on the assurance inscription of the inspector of the personnel department.
At present, when drawing up documents for a pension, these errors were discovered and therefore she cannot use work books when assigning a pension.
I. at the hearing supported the stated requirement on the same grounds.
The representative of the State Institution "Administration of the Pension Fund of the Russian Federation" in the Velsky district - K. does not object to the stated requirement.
After listening to the persons participating in the case, examining the written materials of the case, the court came to the following conclusion.
Article 19 of the Civil Code of the Russian Federation provides that a citizen acquires and exercises rights and obligations under his own name, including the surname and first name, as well as patronymic, unless otherwise follows from the law or national custom.
In accordance with 264 Code of Civil Procedure of the Russian Federation, the court establishes the facts on which the emergence, change or termination of personal or property rights of citizens or organizations depends. The court considers cases on establishing the fact of ownership of title documents (with the exception of military documents, passports and certificates issued by civil registry offices) to a person whose name, patronymic or surname indicated in the document do not match the name, patronymic or surname of this person indicated in your passport or birth certificate.
It was established at the hearing that the applicant was born in the village of Ust-Kama, Ust-Kama District, Kama Region, on May 6, 1958, and had the surname S.
On August 8, 1974, the applicant was issued a work book in the name of S., born in 1958, without indicating the date and month of birth, there is no seal of the enterprise that issued the work book, but there is a seal of the enterprise on other pages of the work book.
On 10 June 1978 the applicant registered her marriage with B. and took her husband's surname. However, the change of surname was not properly documented in the work book.
On January 7, 1978, the applicant was issued a work book in the name of S., born on May 6, 1958. However, unspecified corrections (outlines) were made in the writing of the data, there is no seal of the enterprise that issued the work book, but there is a seal of the enterprise on other pages of the work book.
On the basis of the marriage certificate with B., the applicant's surname was changed in the work book.
On 7 January 1989 the applicant married Y. and took her husband's surname. An entry was made in the work book about the change of surname, but this entry was not properly certified.
According to the passport of a citizen of the Russian Federation, issued on 27 January 2004, the birth certificate and education documents, the applicant was born on 6 May 1958.
Archival certificates confirm the information indicated in the work book issued on August 8, 1974 and the work book issued on January 7, 1978.
Ya. pointed out that when applying for a job, the work books were not properly drawn up, the mistakes made were not corrected properly.
When reviewing these documents, it was established that the information in these documents correspond to each other and confirm the information indicated by the applicant.
In such circumstances, the court considers that the stated requirements are legitimate and justified and therefore subject to satisfaction.
Guided by Art. 194-198, 268 Code of Civil Procedure of the Russian Federation,
I decided:
to establish the fact that Ya. was born on May 6, 1958: a work book issued on August 8, 1974 in the name of S. (B.), born in 1958; work book issued on January 7, 1978, in the name of S. (B., Ya.), born on May 6, 1958.
The decision can be appealed and protested within 10 days in the Arkhangelsk Regional Court.
Referee: I.G. Latfullin
