Personnel issues: if an employee has changed her last name

Application for change of surname

The first document that should be drawn up is an application to change the surname upon marriage. Without it, there will be no basis for issuing an order and changing personnel documents. You can make an application in free form, since the law does not provide special forms for this.

In the application, the employee must provide the old and new names and state the request for a replacement. You also need to indicate which supporting documents are attached. Typically these are copies of your marriage certificate and passport.

Note! Supporting documents are required! Without them, the application should not be accepted!

Here is an example of such a statement:

General Director of Romashka LLC I.I. Ivanov

from manager Petrova (Sidorova) M.I.

STATEMENT

I ask you to change my personal data in the documents in connection with the change of surname due to marriage. My previous surname is Sidorova, my new surname is Petrova. I am attaching supporting documents to the application, namely:

• a copy of the marriage certificate X-XX No. 123456 dated January 15, 2018, issued by the Tushino department of the Civil Registry Office of Moscow;
• a copy of the Russian Federation passport series 1234 No. 123456, issued on February 1, 2018 by the passport and visa office of the Mitino District Department of Internal Affairs of the North-West Administrative District of Moscow, department code XXX-XXX

02.12.2018 /M.I.​ Petrova/

Regulatory regulation of changing a surname

Chapter VII State registration of a change of name of the Federal Law “On Civil Status Acts” dated November 15, 1997 N 143-FZ reflects the possibility of changing a name and regulates the procedure for changing a name, registration and changing a name in documents under any circumstances.

Article 32, “The right of spouses to choose a surname,” of the “Family Code of the Russian Federation” dated December 29, 1995 N 223-FZ, presents a citizen’s right to change his surname and options for changing his surname as a result of marriage or divorce.

Issuance of an order

Now it’s time to issue an order to change the employee’s surname. Again, the law does not establish any specific form for this order, so it can be drawn up at your own discretion. At the same time, Article 9 of Law 402-FZ provides mandatory details that must be contained in the order. Without going into details, we offer an approximate form of such a document:

LIMITED LIABILITY COMPANY "Romashka"

(Romashka LLC)

ORDER No. ______

on amendments to accounting documents in connection with a change in the employee’s surname

Moscow 02/12/2018

Based on marriage certificate X-XX No. 123456 dated January 15, 2018, issued by the Tushino department of the Civil Registry Office of Moscow, a passport of a citizen of the Russian Federation and a personal statement of the employee

I ORDER:

change the surname of the manager Maria Ivanovna Sidorova in the accounting documents to the surname of Petrov.

General Director /I.I. Ivanov/

The order can additionally indicate which of the personnel service employees is entrusted with its execution, and who should monitor this. The employee should be familiarized with the document and signed.

Filling rules

The order is issued only on the basis of the employee’s personal application sent to a personnel specialist.

The employee must attach the original passport and a copy of the document that served as the basis for changing the surname to the application.

For example:

• Marriage certificate;
• a copy of the court order.

The personnel specialist must include the following points and information in the text of the order:

• company name;
• internal number and date of acceptance of the order;
• the basis for changing personal data (employee application);
• list of documents that need to be amended.

Further in the text you need to indicate the requirement to notify all structures and divisions associated with this employee about the change of his last name, as well as the requirement to take into account new data when generating tax reporting.
At the end of the contract, a requirement is indicated to draw up an additional agreement to the contract in order to enter new data into the latter, as well as the full name and signature of the director.

If an employee holds a responsible management position, it is possible to appoint those responsible for making changes to all documentation of the enterprise, including electronic databases.

For ordinary employees, the order specifies the following list of documents to which changes should be made:

• employment history;
• employment contract;
• personal card;
• time sheet;
• vacation schedule;
• personal account;
• documents for changing the salary card;
• health insurance policy;
• pension certificate;
• pass.

The order form is here.

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Correcting the last name in the work book

The employee should also make changes to the work book. The order is:

• the old surname is crossed out with one line;
• a new one is brought in nearby;
• the flyleaf explains the reason for the correction with reference to the basis document.

This procedure is established by paragraph 2.3 of the Instructions from Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 and paragraph 26 of the Rules approved by Government Resolution No. 225 of April 16, 2003.

The page with the changed employee data will look like this:

The entry on the change of name on the inside cover should be certified by the signature of the specialist who made the changes and a seal (if any).

Make sure you know the new rules for certification of work records.

What other documents need to be amended?

First of all, you should pay attention to the employee’s personal card and make changes to it.

As in the previous document, the last name (or other personal data) is carefully crossed out with a straight line and new information is written on the same line. To ensure that there are fewer questions for the HR officer in the future, the basis document and its details are briefly indicated in the open space next to these changes. Such a record is certified by the signature of the person who made the adjustment. You must also indicate the date the information was changed.

It is convenient to make these changes in the additional information section of your personal card.

In addition, personal data must be changed:

• in the time sheet (and calculation of wages, if this form is used), f. T-12 (13);
• in the vacation schedule, f. T-7;
• in personal account, f. T-54 (54A).

In small organizations, the functions of accounting and personnel services are often combined by one employee. In this case, it is advisable to remind the employee about the need for replacement:

• pension certificate;
• bank card details (if salary is transferred through a bank).

This is dictated by the importance of correctly submitting individual information to the Fund for an employee. An error can result in a refusal to accept reports and penalties for the organization.

Untimely payment of wages is fraught with conflict with the employee and the prospect of unscheduled inspections for the company.

The responsible persons of the company do not have the obligation to notify the social insurance and medical insurance funds of changes in personal data. There is no need to contact the tax office to obtain an updated TIN for the employee. Replacing a citizen’s personal data is not associated with changing his identification number.

Results

1. When an employee changes personal data, the responsibility for correcting information about him in documents rests with the HR department.
2. There is no clearly defined procedure for such adjustments in the legislation.
3. It is advisable to make changes on the basis of a citizen’s application with attached copies of the relevant documents: marriage (divorce) certificate, court decision, new passport, after the issuance of the manager’s order.
4. Particular attention should be paid to adjustments in the work book and the contract with the employee.
5. Corrections in any documents containing personal information must be made so that the information cannot be distorted when read and copied.

A little about responsibility

On the one hand, insurers are required to provide reliable information about their employees. On the other hand, the law does not directly oblige the employees themselves to inform the employer about changes in personal data . To avoid getting into trouble related to this incident, it is recommended to take certain actions in advance:

1. Establish in job descriptions, employment contracts or local acts the obligation of employees to report changes in last name and other personal data. For example, you can issue a Regulation on working with personal data.
2. In the documents from paragraph 1, indicate a specific period during which the employee is obliged to notify the employer of changes in personal data.
3. Familiarize the employee with these documents against signature .

If these three conditions are met, the employee can be held accountable for failure to fulfill the obligation to inform the employer about changes in personal data.

When a new employee joins an organization, you need to obtain reliable information from him about his name, address, passport details and education. It is also advisable to oblige him to inform the employer about changes in this data, for example, within five days.

We start with a statement and an order

The procedure for making entries in the work book is necessarily preceded by an employee’s application to change his last name and an order issued on its basis by the head of the organization. Without these documents, no entries can be made in the book.

The application must be accompanied by copies of documents confirming the change of surname by the employee or employee. Such documents are:

1. Passport.
2. Marriage certificate.
3. Or a certificate of change of surname (if the employee changes his surname without getting married).

For more information about this on our website, see: “Sample application to the HR department to change a surname upon marriage” and “Order to change a surname in connection with marriage: sample.”

Step by step instructions

What does an employee need to do to change their full name?

The employee acquired a new last name, first name or patronymic for one reason or another. Regardless of whether he wants to quit his job, whether he needs an entry in the work book about the transfer, or whether he will continue his work activity, the last name and other data in the work record must be changed, because before the information in the work document is changed doesn't belong to you yet.

Let's consider the employee's actions step by step:

1. The employee must notify the employer or HR department employee of the change of last name, patronymic or first name in advance or upon receipt of them.

• The employee must prepare a package of documents: a passport with a new surname, a marriage certificate if the data has been changed due to marriage, or other evidence confirming the fact of a change in surname, first name or patronymic. This package must be presented to the HR department.
• Many people mistakenly believe that in order to leave an entry in the work book about a change in data, it is necessary to write an application. This is not true; changing your old last name to a new one on a document is the responsibility of every employer and personnel officer, which is carried out without writing applications.
• Before changes are made to the work book, the employee must familiarize himself with the order issued by the employer.
• The employee does not need to see the fact that changes have been made to the employment document, but we strongly advise you to inspect the document to ensure that the new information about you is filled out correctly.

Only at this stage the employee’s actions end.

As for the timing of these actions, the legislator does not establish a clear framework , but strongly recommends carrying out the procedure for changing the data in the work book as quickly as possible, upon receipt of documents with new information about you.

How should an employer make the correct entry and what?

An employee of the personnel department or an employer is obliged to make changes to the employee’s work book as soon as he becomes aware of the fact of a change in last name and first name. The basis for such actions is the fact that the employee has submitted a document that already contains new data.

This procedure is carried out in several stages.

1. The employer gets acquainted with the documents provided by the employee regarding the fact of the change of last name or first name.
2. The employer raises the employee’s personal file and renews the employment contract with him.
3. The employer issues an order to the organization regarding the fact of changing the surname or name of the employee. This order must be made available for review to all employees working in the organization, and also specifically explained in detail to the employee changing his data.
4. Next, the employer makes changes to the employee’s work book and informs him of the results of the work done.

Making changes does not consist of simply crossing out old information and adding new information. The process of making changes is described in detail in the instructions on maintaining and storing work books in paragraph 2.3.

Filling out the title page of the work book begins by crossing out the employee’s last or first name , and adding new information at the top. This must be done very carefully to avoid dirt on the title page of the document.

Next, on the left side of the main spread, namely on the white sheet in its upper part, you must indicate on the basis of which document the changes were made. It is necessary to enter the certificate number, and most importantly, the date of its issue.

Below is the signature of the employer , as well as the date when the changes were made and the seal of the organization. Similar changes are made when correcting the last name in the entry in the work book of an individual entrepreneur.

Change of surname in the work book. The example looks like this:

“The last name of Sidorov was changed to the last name of Kozlov on the basis of the provision of marriage certificate No. 123456789 dated March 12, 2014 and passport 2255 789 567 issued by the Oran Department of the Federal Migration Service for the Volgograd region. dated 04/12/2014." in this case, the old surname is crossed out with black or blue ink, and the new one is written on top.

As for changing the name, the entry in the work book practically does not change. On the main spread the phrase is written: “The name Ivan was changed to the name Serey based on the presentation of a certificate of name change No.__ dated _____ and a passport ____ ________ issued ______ dated ______.”

The old name is also crossed out with blue or black ink and the new one is written in . If a citizen changes both his first and last names, then he will have to make two entries about the basis on which his personal data has changed. The first will concern changing the surname, the second – the first name. What to do if you misspell your last name or first name, read here

Regulatory documents and acts

In the field of labor relations, there are many regulatory legal acts that regulate various aspects of interaction between the parties. The issue of changing a citizen’s last name, first name and patronymic is no exception.

By the Law “On Personal Data,” the legislator indicates that the citizen’s surname refers to the personal data of one specific person, which is why there may be treason due to circumstances or the desires of the citizen. This is reflected in detail in Article 3 of the law.

The most important and fundamental legal act in the field of labor relations is the Labor Code of our country, which in its own way sets out the possibility of making changes to the work book.

Article 57, namely part three , states that if there is missing information about the employee, it must be included in the employment contract. Indirectly, the code says that if there is a change in the contract for the provision of labor, then editorial work can be made in the work book.

The process of changing a surname in a work book is described in more detail in the “Instructions on maintaining and storing work books.”

This regulatory act was adopted no less in 2003 and is a thorough guide for personnel department employees and employers.

It is on the basis of this document that they carry out their activities and make changes.

The instructions in paragraph 2.3 state that changes are permitted on the basis of presentation of the necessary documents and a list is given, as well as a detailed description of the process of making changes.

Preparation of accounting documents

In the case when accounting in an organization is carried out using software, it is enough to change the last name in the program, after which it will automatically change in all electronic documents.

If records are kept on paper, corrections will have to be made manually in each document where the last name is indicated.

Replacing SNILS

Within two weeks from the moment the employee receives a new passport, he must receive a new SNILS insurance certificate at the pension fund branch.

The legislation leaves the right of choice to the employee when replacing SNILS: either he applies to the Pension Fund on his own, or entrusts this to the employer.

In most cases, the accounting department is responsible for obtaining a new SNILS, so it is important for the accountant not to miss the submission deadline.

To obtain SNILS, an accountant must fill out and submit the following documents to the fund branch:

• application for exchange of insurance certificate (form ADV-2);
• inventory of documents (form ADV-6);
• old employee certificate;
• copy of the employee's passport.

Important! In the application on form ADV-2, the employee puts his signature.

Within a week from the moment of receiving the completed certificate, the accountant must provide it to the employee and send the accompanying statement back to the fund branch, which he received there simultaneously with the completed certificate.

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Employee's personal account

Employee's personal account (forms T-54 and T-54a) is an internal document of the employer containing information about all payments and deductions to the employee based on primary documents (sick leave, waybills, reports, orders for piecework, etc.).

A personal account is opened and maintained by an accountant throughout the entire period of the employee’s employment.

Changes to the T-54 form are entered in the same way - by crossing out the previous name with one line and indicating new data next to it.

Bank accounts and cards

In the case of transferring an employee's salary to a card, in order to avoid problems with the transfer of earned funds to the employee, the accountant must promptly inform the bank about the changes that have occurred.

After this, the employee must independently contact the bank branch to replace the plastic card.

Correct other personnel documents as necessary.

The law does not require employers to make changes in connection with a change of surname in the accounting sheet, vacation schedule and other personnel documents. Since the employee’s personnel number remains the same, if necessary, the employer can obtain any information about his activities from the personnel records program or from a personal card, which contains basic information, including a change of surname and passport. The HR officer also does not have to change the employee’s last name in the work record book. It is more convenient to search for a record of acceptance of a work book by the date of acceptance of the employee. In this case, you can make adjustments to the documents as you wish for convenience or be guided by the procedure for personnel records that is accepted in the organization. For example, in a paper vacation schedule that was approved before changing the employee’s personal data, you can indicate the employee’s new surname in column 3 – “Last name, patronymic” and in the “Note” column.

Fix in the PVTR when an employee must report a change of name

The employer must promptly receive information about changing the employee’s passport, place of registration, and other personal data. Otherwise, reports to the Pension Fund, Social Insurance Fund, and tax office will contain errors. Powers of attorney for the employee will also become invalid.

Specify the employee’s obligation to report changes in personal data in the PVTR or other local act and duplicate this condition in the employment contract. Set a reasonable time limit for submitting documents confirming the name change. For example, you can indicate the following wording: “The employee is obliged to inform the employer within three days about changes in his passport data, telephone number, registration or actual address of residence. If desired, he can report a change in marital status or the birth of children.” The employee must be familiarized with the local act against his signature.

It is more convenient to change your last name if you maintain personnel documents in a computer program. In this case, there is no need to change each document manually. You indicate the new employee’s name, date and order number once, and these corrections will be automatically made to all program documents.

Important Takeaways

1.

An employer can change the last name in an employment contract, personal card and work book only on the basis of original documents, and there is no need to store copies in the organization.

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2.

In connection with the change of surname, the employer makes changes only to current personnel documents; there is no need to correct old documents.

3.

To ensure that employees promptly report changes in personal data, the employer has the right to establish this obligation in a local act and employment contract.

Quite often, an accountant “on the side” plays the role of a personnel officer. And this is not surprising, because personnel work is most closely related to the work of accounting. And although personnel documentation, in comparison with accounting documentation, is an example of simplicity and clarity, nevertheless, personnel work sometimes presents the accountant with complex tasks.

In this article, we decided to limit ourselves to only the minimum necessary explanations for a particular situation that may raise questions for an accountant performing the functions of a personnel officer. The main place in the article will be devoted to specific tools for solving the problem. After all, you see, finding an explanation of how to act in a given situation is usually not difficult. It is much more difficult to find specifics - what exactly needs to be done, what documents and how to complete them, etc.