If an employee has two work books, there are consequences. Can an employee have two work books at the same time?

If a citizen works in two jobs in parallel or is interested in hiding some facts of his work history from the new employer, there is a need to figure out whether it is possible to have two work books at the same time, whether it is worth getting a second one, how legal it is and what problems it is fraught with in the future.

Why get a second work book?

A work book is a document that records the facts of the work biography of an employed person - dates of hiring and dismissal, transfers from one position to another within the organization, information about incentives, etc.

The two most common reasons to think about getting a second work book:

1. getting a second job without leaving your current job;
2. change of occupation, encouraging you to hide your professional past from the employer.

If you work two jobs

Additional Information

A work book is acquired (if this is the first place of work) and stored at the enterprise at the main workplace. All manipulations with the work book (making entries, actions to preserve the document) must comply with the Rules for maintaining and storing work books, which were approved by the Government of the Russian Federation (Resolution No. 225 dated April 16, 2003).

According to the labor legislation of the Russian Federation, the ability to continue working in two jobs at the same time is not a reason to search for information on the topic of whether it is possible to have two work books. In this case, the law provides for work at the main workplace and part-time work. A citizen must have only one work book, and Article 66 of the Labor Code of the Russian Federation prescribes that it should be kept at the employer’s main place.

If an employee wants information about part-time work to be reflected in his only work book, he has the right to make a corresponding request to an employee of the HR department or another person responsible for storing and filling out work books. This person must be presented with a copy of the employment contract with the second employer or a certificate from the second place of work, which will serve as the basis for registration in the employment record.

In practice, there are often cases when employers refuse to register new employees without a work book. This forces the job applicant to create a second document against his or her wishes.

If you want to start from scratch

Finding out whether it is possible to get a second work book is important for a person who, in his youth, began his career in a non-prestigious position that does not require qualifications, and then graduated from a university, gets a job in the acquired prestigious specialty and is interested in the employer not finding out about the past.

In this case, it will not be a flagrant violation of the law to tell the employer that the work record book has been lost and the employee wants to create a new one without restoring previous records. If a person worked only in parallel with his studies at a university in a full-time department, he has the right to ask that a record of study be made in the work book based on the received educational document, without mentioning the work to which he devoted his free time.

The work book is the main document that provides information about a person’s work experience. It contains not only all the dates of conclusion and termination of employment contracts, but also transfers within the same enterprise or between organizations, promotions or demotions, information about awards for work.

If the book is lost or inaccessible

A second work book will also be required if:

• it is truly lost;
• Contrary to the law, her former employer did not hand her over upon dismissal.

In both cases, the employer is obliged to provide the employee with a duplicate work record book. The employee has the right to restore the entries that were made in the lost document by collecting evidence from previous places of work that he worked there (certificates, copies of hiring/dismissal orders, etc.).

Please note: what to do if a lost work book is found is not specified in the legal acts of the Russian Federation.

The video talks about what to do if you have lost your work book

What are the dangers of having two work books?

Some facts

You cannot officially apply for a full-time job with more than one employer. According to the law, only part-time work can be documented on the same basis as your main job. For example, in one organization the registration is for a full-time job, and in another there is a few hours of part-time work. This process has its own nuances and rules that both employees and employers must follow. Then simultaneous work in several places is a real possibility, permitted by law.

According to Russian legislation, a second work book does not entail liability or any obligations. But the fact that a citizen has two documents on his work history cannot be considered completely legal.

Working on two work books at the same time still promises certain problems for a person acting in circumvention of the law.

When a citizen retires and applies to the Pension Fund for a pension, he is required to present his work book to Pension Fund officials to confirm his length of service and the scope of his pension rights. And here the Pension Fund employees will be able to provide only one labor card. They will not take the second document into account, because it was conducted contrary to the law. This entails loss of length of service and contributions to the Pension Fund associated with work under the second work book.

It happens that a person who has created a second document on his work history receives illegal income with its help - he works according to one book, and is registered with the employment service according to the second or is on maternity leave. In this case, if the fraud is revealed, you will have to answer not for the presence of two documents, but for actions that have signs of fraud.

To get a lawyer's comment, ask questions below

Many Russian citizens are interested in the question of the legality of possessing two work books. It should be noted that the current legal acts do not contain clear instructions regarding the number of work books that certify work experience.

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Often, the uncertainty of this issue leads to ambiguous interpretation, which entails offenses.

Is it possible to

The work book, being the main document, certifies the employee’s work experience and the awards he received during his production activities.

It contains all the official data of the employee, which are mandatory established by legislative acts or document requirements.

A duplicate work book can be issued in accordance with labor legislation if it:

• was lost regardless of the reason;
• no longer meets the requirements, regardless of the reason;
• information that was previously entered into it was found to be untrue.

For example, you need to enter the series and number of your passport in your work book and indicate the name of the authority that issued it. In addition to them, any changes related to production activities are recorded.

When applying for a job in accordance with the Labor Code, the employer is presented with documents in order to conclude an employment contract without fail:

• passport confirming the identity of the person being employed;
• nwork record book, if available;
• a certificate certifying the implementation of state pension insurance;
• military ID, if the employing person is among those liable for military service;
• a document confirming the education received and qualifications assigned.

If a person gets a job not for the first time, but he does not have a work book, due to its loss or damage, the employer, in accordance with Article 65 of the Labor Code, must issue him a work book again.

The position is enshrined in the above article, which explains issues related to the establishment of work books.

The provision of this act obliges the employer to issue a work book if a person applying for work submits an application.

It must indicate the reason for her absence. In accordance with the definition of a work book noted in the Labor Code, Russian citizens are deprived of the right to possess two books at the same time.

Although legislative acts give citizens the right to work in several jobs simultaneously.

Legal consequences of two work books

Before being hired for another job, he lost his work book. According to the instructions of Article 65, the letter of the Federal Service for Labor and Employment, which was published on April 30, 2008, when applying for a new job, I received a second work book.

After some time, he found an old work book, as a result of which he had two books. Most Russian citizens, having two work books in different jobs, are unaware of the consequences.

Any enterprise, regardless of its legal form, is subject to mandatory taxation.

When registering a work book in its accounting book, he must submit reports to the tax service with information about the number of employees and their personal data.

If the tax service reveals that an employee has a second work book, then its owner may be held administratively liable. In this case, a penalty is imposed on him.

Problems may also arise when assigning pension benefits, when the work record is submitted to the Pension Fund.

In addition, it will be very difficult to prove the legitimacy of work experience, because work experience is recorded simultaneously in two work books.

Reluctance to inform the employer about previous jobs

If an employee quits his previous job in order to get a new job, then he is obliged to provide a work book.

But in life, various situations arise when, for one reason or another, a person applying for a job does not want to inform the employer about previous jobs.

As a rule, this situation arises when an entry is made that compromises the employee. For example, a former employer fired an employee due to guilty actions committed by the employee, as a result of which the employer lost a certain part of the profit.

Naturally, when employed in a new position, the guilty person does not admit to what he has done. Most likely, he will announce the loss of his work record. But it also happens that an employee quits with a “clean” work book, and it is lost.

The employer is not able to verify the authenticity of dismissal from a previous job in accordance with the instructions of the Federal Law “On Personal Data”, so he is forced to create a work record book for the employee. The above legal act was issued.

Is it possible to work two jobs in parallel?

According to the regulations, the possibility of Russian citizens being employed at two jobs at a time is allowed.

Any Russian citizen has the right to conclude employment contracts throughout the Federation without restrictions on employers.

But at the same time, a condition must be met - one workplace must be designated as the main one, and the other - part-time.

According to the Labor Code, a part-time worker’s working hours should be 4 hours a day.

Any excess of it is a violation of labor legislation. He has the right to work full time on days when he has a day off at his main job.

According to the instructions of the Labor Code, an employee has the right to conclude a second employment contract to perform regularly funded part-time work, which will be performed in his free time from performing work on his main job with the same employer or with a third-party employer.

In the first case, such work is called internal part-time work, in the second - external part-time work.

In addition, a part-time employee is entitled to annual leave in accordance with the instructions of the Labor Code, granted to any employee.

As a rule, it is provided to the employee simultaneously with leave from his main workplace. If the employee has not worked a full calendar year, then leave can be provided as an advance.

At the same time

Official employment on a regular basis, which allows you to earn additional income, is regulated by the Labor Code. It is called part-time work, when a citizen takes another job part-time.

According to the instructions of labor legislation, he does not have the right to work two full-time jobs, which is regarded as a violation.

On a part-time basis, you can get a job at another enterprise or at an enterprise where a citizen has a main job in different positions or in different professions.

In accordance with legal acts, he has the right to engage in part-time work during vacant times. In this case, for part-time work it is necessary to conclude an employment contract with the employer.

During the working month, which is accepted as the accounting period, the duration of the part-time worker’s working time must be half the monthly standard of working time, which is established for employees of the corresponding work category.

It must be noted in it that the workplace is provided part-time.

Moreover, in accordance with the Labor Code, a part-time worker is not obliged to hand over his work book to the second employer, so there is no need to pick it up from the first employer.

When employed part-time, in accordance with Article 283 of the Labor Code, the employee provides a passport that confirms his identity.

If necessary, when the second job requires special knowledge, he can present a document on education, acquired specialty, assigned qualifications or copies thereof certified by a notary.

When applying for a job recognized as having harmful or dangerous conditions, he must submit a certificate from his main job, which indicates the working conditions and its nature.

The employee’s work record book must be kept in the archives of the personnel service of the enterprise where the citizen was officially hired for his main job.

Otherwise, the employer is deprived of the opportunity to provide a full working day, the duration of which, according to generally accepted rules, is 8 hours.

And in conclusion, it should be noted that the employee must have one work book. It is allowed to include a note about part-time work at the request of the employee in the “Information about work” column.

A work book is a document that records length of service and place of work (Article 66 of the Labor Code of the Russian Federation). Issued by the employer after 5 days if issued for the first time. After the same time, a record of enrollment is made.

Several features of labor management

The book is kept in the personnel department of the enterprise during the entire period of work. Issued on the day of dismissal. The document must be in the form of a single sample with watermarks.

Information that appears in posts

• information about length of service, place, time of work;
• information about transfers to another job, dismissals;
• information about the profession;
• information about qualifications and rank assignment;
• facts about achievements, awards, titles;

Recently (since 1997), data on length of service and insurance contributions are displayed in the Pension Fund. The place and duration of work is confirmed by an extract from the Pension Fund.

In connection with this, the accrual rates for sick leave have also changed. Previously taken into account. Since 2007, this norm has not affected payment for sick leave.

The rules have also changed. If previously the calculation included continuous service, now pensions are calculated on the basis of an extract from the pension fund and contributions paid.
The functions of the main document, reflecting the process of labor activity and the legal norms of the parties, are assumed by the employment contract.

All these facts significantly weakened the role of the work record book. It ceases to play the role of the main document on the basis of which calculations and accruals are made. It was these reasons that became the basis for making proposals and amendments to abolish the book in the future.

So, let's summarize.

What functions does the work book lose:

• is not the main document for calculating pensions. Gives way to an extract from the pension fund on making pension contributions;
• continuous experience has no effect on;
• The main document about the place of work, terms and legal relations with the employer becomes the employment agreement.

It is impossible to abandon work records at once, so the transition to new forms of accounting will take place over 10 years. Because of this, it is still a document reflecting work experience and work activity. Books of the 1938, 1973, and 2003 models are valid.

Does the law require two work books?

The Code provides for one labor If you apply for a second job (part-time job), you can sign a contract and make an entry at the place of your main job. There are cases of damage or loss of a document. To draw up the second document, you need to write a statement about the loss at your main place of employment. In this case, a new book is issued, indicating that it is a duplicate. The first one may be found over time.

Often, when starting a new job, a person wants to start with a “clean slate”, and the employer issues a new book. The law does not prohibit having two, if this circumstance does not give rise to a conflict with the law.

Most often, the reasons for second labor are:

Consequences and punishments for having a second book

Before the changes in the rules for calculating pensions, they tried to add length of service to increase the size of the pension. But when applying for a pension, you can provide only one copy of the work book. Accruals are made according to the calendar plan. Data from another book will not be taken into account if they are not confirmed by certificates from places of work. In addition, additional difficulties can be created due to confusion in dates and the wary attitude of pension fund employees towards the availability of a second job.

The information specified in the book is verified with the information of the pension fund. Avoiding taxes is very problematic. The employer must notify the tax service about the employee's enrollment, as he is responsible for this before the law. In addition, violations of tax laws can result in fines and punishment (even criminal) that are not comparable to the hidden amounts.

Regarding benefits, there are rules according to which payments received on the basis of unlawful actions are subject to forced return.

In case of concealment of facts for reasons that do not conflict with the law, but are morally and ethically motivated, no punishment is provided. But there are individual cases when the presence of a second book became a reason for administrative penalties and fines.

Having a second work book is not a violation of the law as a fact. But it can have negative consequences if it causes a violation of legal norms.

Part-time work

A person can (sometimes more) at the same time. The book is kept at the place of main work.

It is necessary to distinguish:

• part-time job Can only be carried out during free time from the main activity. Draws up on the basis of an agreement or contract. An entry may be made in the work book kept at the main place of work. Work is carried out in free time from the main activity;
• combination. Work at one enterprise or organization. You can combine several positions and professions. The entry is made in the book. The combination takes place during the main work.

There are restrictions on part-time work. Cannot combine:

• children under 18 years of age;
• workers performing harmful, hard work. The reason for the restriction is the harm that can be caused to health;
• a person who operates transport (especially public transport).

These are the main categories. There are also a number of cases that are determined on an individual basis. For example, a firm's lawyer cannot combine work in another place unless this is agreed with the employer. A number of state When applying, in addition to an identity card and educational documents, you need a certificate about the nature of your main activity.

Payment is stipulated in the employment contract. installed individually. Regulatory acts provide for a 4-hour working day, but it all depends on the job and type of activity.

Part-time leave is given at the same time as at the main job. Registration of sick leave - in accordance with the general labor code. Sick leave is paid for two jobs, provided that the part-time job lasts more than 2 years. Up to 2 years, sick leave is paid only at the main place. Maternity leave and temporary disability are also paid at the place of two jobs.

Legal issues are regulated on a general basis. It is necessary to make a reservation that a hired employee can be fired if the employer hires a person who performs duties full time and this activity will be the main one.

Work book form

Please note that the employer must issue work books. Do not buy books at kiosks or bookstores. Subsequently, they may be found to be invalid.

Enterprises purchase forms from companies that have special licenses and contracts with state-owned enterprises that produce government documents. New books have been in effect since 2004. It has 44 watermarked pages. The seam (special) and the inscription visible in ultraviolet light protect against document forgery.

The work book is currently one of the main documents. It reflects a person’s work experience throughout his life. Despite the fact that the updated form has been approved, old-style books are considered valid. It is not prohibited by law to have two books, but it is not encouraged either. It is preferable to keep records in a water document. The second job does not give its owner any tangible advantages. You can combine work if you have one book. The legislation does not provide for direct penalties for having a second work book.

In contact with

More than half a century ago, in 1938, work books (hereinafter referred to as Labor Books) were established in the USSR. State authorities introduced the Labor Code to control workdays credited to citizens of the Soviet Union. Over time, the main function of the TC has changed. Now it is needed to control the employee’s career path, from his entry into his first position to retirement. This will then help calculate the amount of your pension, for example. Citizens are wondering whether it is possible to have two work books at the same time? This needs to be sorted out.

Maintaining a labor code is not a whim of management, but a legally enshrined responsibility of employers. The provisions of the Labor Code are regulated by Article 66 of the Labor Code of the Russian Federation. It stipulates the employer’s obligation to maintain technical documentation for all its employees working in the organization for 5 days or more.

True, there are exceptions. There is no need to make appropriate entries in the Labor Code of those employees who work under a civil contract.

The procedure for registration and maintenance of the Labor Code is enshrined in Resolution of the Ministry of Labor No. 69. All provisions for working with the Labor Code are described in detail there. To avoid getting into trouble with the law, employers need to be guided by this document, and not the recommendations of colleagues. Law is law.

The Labor Code is needed to document the employee’s career path.

It is thanks to the entries in the Labor Code that conclusions are drawn about:

• general length of service, which is taken into account when calculating compensation in case of sick leave or pregnancy benefits;
• work experience in various specialties;
• early retirement due to so-called harmful work experience (work in conditions hazardous to health);
• the amount of the increased pension;
• accrual of northern experience, which implies a larger pension.

If we are guided solely by the laws provided for in the Russian Federation in relation to the Labor Code, then according to them, each citizen is supposed to have only one Labor Code, which will contain all the information about places of work, reasons for dismissal, awards, etc.

Although there are cases when two Labor Codes are issued for one citizen at once. How and why does this happen? Important: it is legally possible to create a second copy of the Labor Code, but only if certain conditions are strictly met.

1. If a citizen was fired under article. Due to a violation of the disciplinary regulations, for example. If a record of such a dismissal is listed in the Labor Code, then it may be difficult for a person to find work in the future. Needless to say, this is illegal?
2. Loss of TC. Moreover, both the citizen for whom it was registered and the employer who had it can lose the Labor Code. In the first case, a person, in his free time from work, at his own expense, will restore all the data lost along with the TC, and employers are obliged to assist him in every possible way in restoring the data, and in the second, this responsibility falls on the shoulders of the employer, through whose fault the document was lost.
3. If a citizen does not have the work experience required by this specialty, and he buys a trade mark with falsified data. In this case, any explanations are unnecessary, as well as mention of the illegality of this event.
4. If a citizen works in two companies and wants to receive in full all the payments and bonuses that he is entitled to as an employee in both one and the other enterprise.

Losing TK is the same as ruining it.

It is worth saying a few words about restoring the TC in case of its loss. If a person is unable to find and enter some data into the Labor Code (he worked so much in one position, so much in another specialty in the same company), the personnel specialist enters into the Labor Code the total length of work experience in this company, based on the employment orders to work, as well as dismissal.

The same should be done if the previous employer, to whom you need to contact for restoration of Labor Code data, ceased its activities - the total length of service is also entered.

Those who falsify data in the TC can also be understood. Although this is illegal. For example, students who graduate from university cannot find a job because they do not have enough experience - or rather, none at all. So they have to try their best to get out of this situation. Those who are smarter do everything legally and achieve their jobs through ingenuity and hard work, and those who want “quickly and without problems” buy data, however, they can then seriously pay for it.

By the way, those fired under this article can also falsify data in their Labor Code, because “dismissed of one’s own free will” sounds much better than “fired for drunkenness in the workplace.”

To legally register two labor contracts while working in two companies, you need to take into account some nuances.

In particular:

1. Working hours in a company where an employee works part-time can only be 50% of the monthly standard working hours. Consequently, the salary is less, the compensation will also be less (the total salary from two jobs, of course, is higher).
2. You cannot combine two positions if they involve working in hazardous conditions.

The last point must be strictly observed in order to receive all necessary payments. Harmful production is called harmful for a reason.

Is it possible to work with two work books in different organizations at the same time? Yes.

Citizens who have two Labor Codes can sometimes be understood, because having two such documents often gives advantages to their owners.

Thus, creating a second copy of the Labor Code can help hide dismissal due to article or work in low positions if you have a good education. The second case seems strange. What's special about being a cleaner? You never know how life is going for anyone. In fact, yes, there is nothing special about working as a cleaner, even if you have a higher education, but the fact of working outside of your specialty may lead a potential employer to believe that a dubious specialist is trying to get a job with him or that his profession is completely unclaimed.

On the other hand, for maintaining two TCs you can incur criminal liability if the data in the second copy is fake. What will this entail? Problems with calculating pensions, benefits and compensation, because falsified length of service will be invalid. The Pension Fund of Russia accepts only one TC.

The following penalties are legally provided for forgery of documents:

• or imprisonment from 2 to 4 years;
• or a fine of up to 80 thousand.

Moreover, problems will arise for the citizen and his employer. If the conditions for combining work are violated, the company where these conditions were neglected will also be fined.

Such a person will be liable for 2 work books at the same time in 2019, if one of them is forged.

If an employer finds out that an employee has falsified the data of his second labor commission, then he can also be safely fired with the appropriate note in the document: “for falsifying data.” What then, should we start a third TC and definitely go under criminal charges? Better not.

If the information in two Labor Codes was not falsified - the citizen really worked in two companies (part-time) - then why punish him then? There is no article in the law prohibiting having two TCs. Yes, the pension will be accrued in a smaller amount due to less length of service. Yes, some compensation will not be paid. But no one will be fined, no one will go to jail.

There will be no problems with the law (in theory) if a citizen combines two jobs in parallel, but one shift will not overlap the other. Then the answer to the question “is it possible to have 2 work books legally?” disappears by itself. It is possible and necessary.

It was repeatedly mentioned that the Labor Code is needed to take into account the length of service (hereinafter referred to as the Labor Code). But what is TS? Some are sure that this is the total time of a citizen’s working activity. Actually this is not true. The length of service also includes other periods of life.

1. Labor activity.
2. The period of parental leave is up to 1.5 years (in total no more than 6 years).
3. The period of military service.
4. The period of treatment while on sick leave.
5. The period of being registered on the stock exchange as unemployed.
6. The period of care for a disabled person of group I.

For all this time, work experience is calculated, and because of it, the pension or social benefits are subsequently adjusted in the event of illness, for example, or treatment. A lot depends on your work experience.

A few words need to be said about benefits.

Benefits are calculated according to:

• disability;
• pregnancy (maternity leave).

Those who have registered two labor contracts (or more) for themselves, please note: the accrual of benefits, sick leave, and paid vacation payments are accrued only from one place of work.

By and large, the only advantage that having two or more labor companies provides is receiving official wages from several places of work. True, part of this salary still does not affect the pension, just like the length of service.

It is also useless to wait for additional benefits in this case. Is it worth having several shopping centers?

Thus, you need to understand that registering several TCs is a risky business.

Is it possible to get a second work book? Can.

They do this because:

1. The first loss.
2. To falsify information.
3. For employment at several enterprises.

But this can lead to serious problems with the law. Counterfeiting is punishable (up to and including liability under the Criminal Code). It is possible to understand the people who do this. They do this for the sake of profit, for the sake of a good position, because of the inability to get other jobs (if they were previously fired under an article and now no one wants to employ this person). Although it’s not worth repeating after them.

It's better to find other ways to get a job.

Keep in mind the idea of ​​why you are being fired under the article, and draw the right conclusions from this:

• you cannot miss a shift without a good reason;
• You must not be intoxicated at work. You cannot drink in the workplace;
• direct responsibilities must not be neglected.

Moreover, having two TCs does not provide any advantages. Nobody will accrue a pension for additional length of service. No one will pay sickness compensation for additional working hours.

The pension is calculated only based on the information of one Labor Code, and benefits, social benefits, and sick leave payments are calculated by only one company (if a citizen works for two).

Having several TCs is a waste of time, effort and nerves. It is worth filling out an additional book only if you cannot do without it, if it is vitally necessary. In other cases, it is better to refrain from this idea.

10/05/2018 , Sashka Bukashka

Two work books are a common occurrence, but having them is not entirely correct.

Is it possible to have 2 work books? This issue worries both workers in several places and owners of records that spoil their professional reputation. Let's try to figure it out.

What the law says

Two work books when applying for a pension

But this is where problems can arise. The pension fund will not accept two documents. He will only take into account those that were entered chronologically earlier. Based on this, the length of service will be determined.

But here it is worth considering the following nuances:

1. Not all places of work are reflected even in a single work book. Therefore, the Pension Fund authorities have long accepted them as proof of length of service.
2. In recent years, information has been promptly received by the Pension Fund in electronic form. And this does not depend on the number of workbooks and entries in them.
3. You don’t have to wait until you retire to notify the inspectorate about your length of service. You can regularly check with the Pension Fund through State Services. If the experience from any organization is not counted, you can visit the territorial office and present the contract.

The question often arises: if there are two work books, how to apply for a pension, but people don’t think about sick leave. But in vain. The amount of benefits depends on the length of service. And tracking what data goes to the FSS is not as easy as to the Pension Fund.

But the transition to electronic document management in personnel records management after 2020 will eliminate such difficulties.