The legislative framework
Most often, a change of surname is made upon marriage. Federal Law “On Acts of Civil Status” (FZ-143, adopted back in 1997), in Art. 30 establishes that such a change in personal data is confirmed by a marriage certificate. Last name is a mandatory detail of the passport as an identity document: this information, according to Art. 19 of the Civil Code of the Russian Federation are the main identifying factors for a citizen. Therefore, it is quite logical that if such personal data changes, a replacement passport is necessary (this is expressly stated in clause 12 of the Passport Regulations, approved by Government Decree No. 828 in 1997).
Work book (LC), according to Art. 66 of the Labor Code of the Russian Federation, being the main document of an employee, contains information about all stages of his activities.
Two by-laws establish the form and procedure for maintaining the Labor Code:
- Rules of conduct, they are approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as simply the Rules);
- Instructions on the procedure for filling out were approved by Resolution of the Ministry of Labor of the Russian Federation on October 10, 2003, number 69 (hereinafter referred to as the Instructions).
Based on paragraphs. “a” clause 9 of the Labor Code Rules necessarily contains identifying information about the employee, which is entered on the basis of the passport. Therefore, when changing a citizen’s passport, similar amendments must be made to the Labor Code.
Adjustments to employee information are made in accordance with paragraphs. 26 and 2.3 Instructions.
How to flash a workbook movement record book
If the organization is very large, then, in addition to the name of the department, you need to indicate where exactly the employee was hired. The name, date and number of the document confirming employment are entered in the ninth column. This may be an order, instruction or other document.
Info
Filling out the ninth column is relevant only for keeping records of work books. If inserts are being registered, then it is enough to put a dash, since there cannot be a reference to an order or instruction. The tenth column is intended for the visa of an authorized employee who keeps a book of records of the movement of work books.
A personal signature confirms that the employee has submitted the work record book to the HR service. If the work book is issued for the first time, then the signature will serve as proof that the document was written out according to all the rules in the presence of the employee.
Making changes to the work book
In addition to information about the work performed, changes in jobs, dismissals and awards for success at work, information about the employee is entered into the work book. These, according to existing legislation, include:
- FULL NAME;
- Date of Birth;
- information about education and qualifications.
Entries in the Labor Code concerning the listed information can be corrected if there are reasons and documentary evidence for this. The reason, for example, may be a change of surname due to marriage, as well as spelling errors. As for documentary evidence, they can be a marriage certificate, passport, birth certificate, certificate of change of surname or name, divorce and other official documents.
Changes are made by the employer at the last place of employment. If a change in information about an employee occurred after dismissal from work, then the changes are made by the previous or current employer. If the organization that made the inaccurate spelling no longer exists, then the new employer makes changes to the work book.
According to paragraph 31 of the “Rules for maintaining and storing work books, producing work book forms and providing them to employers,” a duplicate of this document is issued if its original is lost. In other cases, appropriate changes are made to it.
An entry into the Labor Code is made based on the employee’s application.
The manager’s decision must be formalized with an appropriate administrative document: an order.
Data about the basis document is entered on the inside of the first page of the TC.
Reasons for changing your surname
The basis for performing any action is the fact of one or another development of events.
A change of name is a fact that requires the personnel officer or employer to take such an action as making changes to the work book. The grounds for such actions are familiar and understandable to everyone.
The most common case is when an employee gets married and takes his spouse’s surname . In this case, the surname must be changed immediately after the employee changes his passport to a new surname.
Also, the surname can be changed by the employee at his own request and at his own discretion at the passport office. As a rule, changes to the employment record are also made after receiving a new identity document.
Changing an entry in the work book about a change of surname for other reasons , for example, after divorce proceedings, but such an action is always documented in the employee’s work document in the same way. We’ll look at how exactly in the next paragraph of the article.
Entry in the work book about a change of surname
When changing the surname, the corresponding entry is made taking into account the following rules:
- the old surname is crossed out;
- the new surname is indicated next to or above the old surname;
- a note about the change is written on the inside of the cover indicating the details of the supporting document;
- The employee responsible for making changes puts his signature and transcript, as well as the seal of the organization.
Separately, it is worth noting that it is recommended to make amendments compactly, because they can be made more than once, since the surname in the work book often changes after marriage. The organization's seal must be placed so that it does not interfere with the reading of the information.
As an example of how to change a surname in a TC, we present the following entry made on the inside cover of the document:
“Ivanov’s last name was changed to Petrov on the basis of a marriage certificate, series AT No. 123321, issued on May 1, 2017 by the Kutuzovsky Civil Registry Office, Moscow Civil Registry Office. HR specialist Signature (Sidorova A.L.) seal of the organization.”
Sample change of surname in a work book
This material discusses the most common case that requires amendments to the Labor Code. Despite the variety of reasons for editing information in this document, the general algorithm of actions and wording remains similar.
How to write a statement about the need to correct your full name.
The employer makes an entry about the change of name in the work book (in the case of maintaining a work book, part 2 of article 2 of the Federal Law of December 16, 2019 No. 439-FZ). To complete the registration, the organization requests the employee to submit a written application requesting changes to the records. No approved sample available. The format of the appeal is arbitrary.
The application includes the following information:
- Name of the employing institution, position and full name. leader.
- Position and full name the employee who applied.
- Date the request was submitted.
- In the middle of the next line is the word “statement.”
- The text of the request is set out below.
- After the text, the employee signs and deciphers it.
The application for change must be accompanied by supporting documents.
To the Director of the State Budgetary Educational Institution of Children's and Youth Sports School "ALLUR" Ivanov I.I. from the chief accountant V.V. Viktorova Statement In connection with marriage and change of surname from Viktorova to Nikanorova, I ask you to make changes to the work book and other personnel documents. Application:
Nikanorova 24.01.2020 |
Where else to make changes
In addition to the Labor Code, amendments containing information about the employee’s current personal data are made to the following accounting and personnel documents:
- private bussiness;
- personal accounts;
- employment contract;
- all other personnel and accounting forms where necessary (that is, where personal data is indicated).
In a personal card, old data can be crossed out and current data can be entered, or a page form from the card with new information can be printed, and a mark indicating its replacement can be placed on the old sheet. The date of renewal, details of the basis document, information about the person making the amendments, and his signature and seal must be indicated. If there is not enough space, information can be specified in the free fields of the “Additional Information” section.
There are different opinions regarding the mandatory nature of amendments to the contract. Some personnel workers do not see the need for this, citing Art. 57 of the Labor Code of the Russian Federation, which establishes that editing a contract is necessary only if missing data is entered, and not if it is changed. But in order to avoid troubles, it is better to approve the amendments by an additional agreement.
Book of movement of labor records, change of surname
Federal Law N 402-FZ, a correction in the primary accounting document must contain the date of the correction, as well as the signatures of the persons who compiled the document in which the correction was made, indicating their last names and initials or other details necessary to identify these persons. In paragraphs 4.2, 4.3 of the Regulations on Documents and Document Flow in Accounting (approved by the USSR Ministry of Finance on July 29, 1983 N 105) it is established that errors in primary documents created manually are corrected as follows: incorrect text or amounts are crossed out and written over Corrected text or amounts are crossed out. Crossing out is done with one line so that the correction can be read. Correction of an error in the primary document must be indicated by the inscription “Corrected”, confirmed by the signature of the persons who signed the document, and the date of correction must also be indicated.
Responsibility of the parties for the accuracy of information
The employer is responsible for correctly filling out employee documents. Employees completing forms may be subject to disciplinary action and other sanctions established by law if they make mistakes or fail to properly perform their duties.
The employee's responsibility for providing reliable information is not directly established by law. The employer may, on his own initiative, include an obligation to provide up-to-date data within a specific period of time in the contract or internal local regulations. In this case, if these rules are violated, the employee may be subject to disciplinary action. In this case, the employee must be familiarized with such documents against signature, that is, he must be aware of such an obligation.
Application for change of surname
Actions of the employee after changes in personal data
When changing the surname, patronymic or first name, the employee must inform the employer or personnel department employees about this.
After this, you must adhere to the following algorithm of actions:
- The employee should prepare the necessary package of documents.
- Making changes to the work book is the responsibility of the HR department employee.
- Before changes are made to the labor contract, the employee must carefully read the order that the employer will issue to him.
- The employee does not need to see the fact that changes have been made to the employment document, but for his own peace of mind it is better to inspect the book and check that the new information is filled out correctly.
The procedure for making entries in the work book is carried out after the employee’s application with a request to make changes to the work book.
Then, on its basis, an order is created from the head of the organization to make appropriate corrections in relation to the employee.
The application form is standard; the employee addresses the head of the company with a request to make appropriate changes to the work book.
Under the date and signature, you must indicate in the application a list of copies of the passport and certificate on the basis of which you need to change the employee’s individual data.
Sample application:
The list of required documents from the employee looks like this:
- passport with a new surname;
- marriage certificate, if the data has been changed as a result of its conclusion;
- other evidence that confirms the change in last name, first name or patronymic.
The above documents must be submitted to the HR department. There are no deadlines for completing these actions.
But experts strongly recommend making such changes in the work book as quickly as possible, immediately after receiving a passport with new information.