Renaming an organization - a sample entry in a work book

Design rules

Based on the requirements established in the Instructions for filling out work books, the renaming of a position should be done as follows:

• It is allowed to make a record of renaming a position only if only its name changes, and the staffing position of the unit is maintained in terms of the list of job responsibilities , as well as in terms of the salary level. If the list of job responsibilities changes, or the level of remuneration within the framework of remuneration changes, then there can be no talk of renaming the position - there will be a transfer to another position within one division or to another division (even if it has only changed its name);
• entering information into the work book that the employee’s position has been renamed is only possible if the employee was previously notified of such a change (the form of notification has no role, but it would be preferable to notify in writing so that the employee signs on the sheet familiarization);
• fixing the change made is possible only if we are talking about issuing a corresponding order or other legal act confirming the renaming of one or more positions.

If all of the listed rules are fully observed, then the implemented actions to rename the position will be considered legally legal and cannot be challenged by the employee.

Answer

1. The names of structural divisions in the institution have changed: the pre-medical reception room is now called the first-aid room, the accounting and medical statistics room is now called the medical statistics office, the department of paid services is now called the department for the provision of paid medical services to the population. According to Article 72.1 of the Labor Code of the Russian Federation, transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract). In our institution, the structural unit is indicated in the employment contract. But if the name of the division is changed, no changes in the labor function of employees will occur and the functions of the divisions will not change. How can we properly draw up personnel documents: formalize the transfer of employees or simply make an entry in the personnel documents of employees about the renaming of a structural unit?

• If the department is indicated in the employee’s employment contract as the place of work:

If the employee’s place of work in the employment contract is defined as “ production workshop”,

and they intend to transfer the employee
to the department of the chief technologist, then this
legally qualifies
as a transfer.
In this case, it is necessary to conclude an additional transfer agreement with the employee. Additional conclusion The agreement may be preceded in your case by notification of the employer about a change in the mandatory conditions of the employment contract (place of work).

Reasons for renaming a position

Information about work in a position according to the staffing table is included in the employment agreement with the employee (Article 57 of the Labor Code of the Russian Federation). The name of the staff position is one of the mandatory conditions of the agreement, and the position itself is included in the staffing table of the enterprise.

Employers unilaterally rename the name in accordance with Art. 74 Labor Code of the Russian Federation. The reason for adjustments is production needs, updates in processes, and company structure. The name and staffing table are adjusted in accordance with the needs of the organization.

To record changes in the work book, renaming should be carried out in accordance with legal requirements:

1. Develop a rationale for the reasons for the renaming.
2. Notify the employee in writing of changes at least 2 months in advance.
3. If there is agreement, draw up and sign by both parties an additional agreement to the contract with the employee.
4. Approve the administrative document for the institution with the new job title. Indicate in it the justification for the renaming.
5. Enter information into the employee’s personal card.
6. Record the data in the work book.

What is the procedure for renaming a position in the staffing table: sample order

If the name of the organization changes, then the personnel service must: conclude additional agreements to employment contracts with employees. This is explained by the fact that the name of the organization refers to the information that is reflected in the employment contract; therefore, when it is renamed, corresponding changes must be made to the employment contracts (Parts 1, 3 of Article 57 of the Labor Code of the Russian Federation). All entries about work performed, transfer to another permanent job, qualifications, dismissal, as well as awards made by the employer, are entered into the work book on the basis of the relevant order (instruction) of the employer no later than a week, and in case of dismissal - on the day of dismissal and must exactly correspond to the text of the order (clause 10 of the Rules for maintaining and storing work books, producing work book forms, providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). Thus, information about changing the name of the employer must be entered into the employee’s work book within a week from the date of making the corresponding entry in the Unified State Register of Legal Entities on the state registration of the legal entity.

How to record a position rename

Entering information into the work book is regulated by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69. The instructions contain the basic rules for registration:

1. Enter information using a blue, purple or black pen. Use a ballpoint or gel pen.
2. Information is entered in chronological order. The elements are numbered.
3. Crossing out or correcting data is prohibited. Incorrectly entered information is invalidated, canceled and the correct wording is added.
4. The employee is introduced to each item that is included in the document, subject to signature.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

Information is entered if an administrative document for the institution has been issued. The deadline for registration of name adjustment is one week from the moment the order is registered. The content is similar to the wording of the local act.

To formalize the renaming, the employer selects the “Job Information” section and enters information about the renaming into it in the following order:

Step 1. In column 1, indicate the number of information in order.

Step 2. In column 2 “Date” enter information about the day/month/year of registration.

Step 3. In column 3 - information about the name, similar to the order for the organization. This is what a sample entry in a work book and renaming a position looks like:

Step 4. In column 4, makes a reference to the administrative document approving the changes.

Basic requirements for making entries in the work book

When making changes to an employee’s work book, you must follow the Instructions for filling out work books:

• Entries in the work book are made only in blue, purple or black ink; the use of other colors is unacceptable.
• The entry must be made in legible handwriting, without factual or spelling errors.
• All numerical entries are entered in Arabic numerals only.
• All entries must be entered in full; abbreviations are not allowed.
• You cannot make corrections in records by crossing out or shading an error, and you cannot use a proofreader.

All these rules will equally apply to changes in the name of the organization.

Nuances of making an entry in the work book about renaming an organization

Depending on the reason for the change of employer's name, in some cases not all employees will need to change records.

Example

A reorganization took place, and the Romashka enterprise merged with the Nezabudka enterprise. Accordingly, the new legal entity will now bear the name “Romashka”. Only Nezabudka employees will need to make changes to the work book; Romashka employees will not need to make new entries, since the name of their employer has not changed.

This example should not be confused with a situation where one organization is liquidated and its employees are transferred to another. In this case, there will be no record of the change. The employee will need to be fired from one enterprise and hired into another, indicating the grounds.

Regulatory documents

Despite the fact that renaming an organization in workers’ work books falls within the spectrum of labor relations, alas, this time the labor code is not of any help to us. It is successfully replaced by the civil code, article 54 of which states that each organization must have its own established name.

If a change such as a change of name occurs in an organization, then Article 52, paragraph 3, . It states that before an organization is considered renamed, it must be renamed in its constituent documents.

The Civil Code also contains information about in what cases the name may change. In addition to the banal desire of the employer to find a bright name, such an action may be associated with reorganization, merger, accession, division, acquisition and other actions that occur during the interaction of two or more large organizations.

In this case, the name changes not only at the whim of the founders, but also for reasons of the new structural unit of the single enterprise and each organization separately.

The instructions for maintaining and storing work books established by the government of our country, as well as internal instructions for personnel department employees, will tell us how to enter information into work books that the name of the enterprise has changed

Based on these three acts, we will consider the problematic issue, and most importantly, we will give examples of correctly filling out the labor form.

What to do if you made a mistake

In accordance with the instructions for filling out work books (Resolution of the Ministry of Labor of the Russian Federation No. 69), crossing out errors or covering up incorrect information is prohibited.

Correcting incorrect wording in the “Work Information” section should be done as follows:

1. Indicate the next sequential number after the last entry.
2. In column 3, enter the phrase “The entry for number such and such is invalid.”
3. Enter correct information.
4. In column 4, include information about the date and number of the administrative document, information from which was entered with errors (or the administrative document on the basis of which the error is corrected).

This is what a sample entry in a work record about a change in position looks like with the correction of an error:

A work book is created at the beginning of work activity. And it accompanies a person throughout his life.

This document records the main important events related to employment, change of place of work, position, name of the entire organization or its department. In this case, any information must be entered into the document in strict accordance with the established rules.

For an example of renaming a position in a work book, see the end of the article.

The legislative framework

The Instructions do not contain instructions for making a record of changing the name of a unit, but there is a procedure for making a record of renaming an organization (clauses 3.1 and 3.2).

Clause 3.1 stipulates that entries about the name of a position or specialty indicating the required qualifications must be made on the basis of the officially approved staffing of the company.

The law requires that the employee be notified of any changes made in the qualification directories and staffing of the company in accordance with the established procedure, and then the necessary changes should be made in the employee’s work book based on a written decision of the administration.

How to record a job title change

In the course of work, the head of the enterprise can change the staffing table at his own discretion. For example, when a company's activities expand, the names of positions occupied by employees change.

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For example, a person works as a sales consultant, and after the reorganization of the division he will become a sales department manager. A sample entry in his employment record about the renaming of a position necessarily reflects this change - the old and new title of the position in full.

Before recording a change in position in a sample work book, the employer is obliged to correctly formalize such renaming. This must be done in 3 stages:

There is no single exact wording for this, so information can be entered in a conditionally free form. So, in the work book they put the date of change, the serial number of the entry, and in the 3rd column it is necessary to write that the title of the position has been changed. The last column indicates the number of the order due to which the renaming was carried out.

The following shows an example of renaming a position in a work book:

Question

Please help me understand the following situation: 1) the names of structural divisions in the institution have changed: the pre-medical reception room is now called the first-aid room, the accounting and medical statistics room is now called the medical statistics office, the department of paid services is now called the department for the provision of paid medical services to the population. According to Article 72.1 of the Labor Code of the Russian Federation, transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract). In our institution, the structural unit is indicated in the employment contract. But if the name of the division is changed, no changes in the labor function of employees will occur and the functions of the divisions will not change. How can we properly draw up personnel documents: formalize the transfer of employees or simply make an entry in the personnel documents of employees about the renaming of a structural unit? 2) in connection with the bringing in accordance with the nomenclature (clause 5) of the positions of medical workers, approved by order of the Ministry of Health of the Russian Federation dated December 20, 2012 No. 1183 the name of the employee’s position has been changed: the head of the department-physiotherapist is now called the head of the physiotherapy department, respectively, without changing the job function. What will happen in this case: transfer of the employee or renaming of the position? 3) in some departments there was a change in the name of the structural unit and, accordingly, the name of the position of the head of the structural unit: the position was called “head of the department - general practitioner” of the department of paid services, and became known as “the head of the department for the provision of paid medical services to the population is a general practitioner,” also without changing the labor function of the employee and the function of the department. What to do in this case?

How to reflect a department name change

When reorganizing an enterprise, you also have to make an entry in the work book about the renaming of the department. However, it is not always included: if the name of the department was not indicated when hiring, then you do not need to enter it during reorganization.

If it was not initially indicated that she would work in the cosmetics department, then when transferring to the food products department, no additional entries need to be made in the work book.

If the name of the department is an essential condition for employment, then an entry in the employment record about renaming the department must be made. This is necessary if, after restructuring the company's structure, the old department was completely abolished, merged with another structural unit, or simply received a new name.

In this case, the date and serial number of the entry are entered in the work book, after which the information is recorded that the employee was hired in a specific department, indicating the position at the enterprise. In the fourth column indicate the number of the order according to which the old name of the unit was replaced with a new one.

The Importance of Renaming

It is necessary to indicate changes in the names of departments in the work book in order to avoid problems with future confirmation of experience. It is also important to indicate information about the renaming of the unit, because this may be associated with the provision of various benefits.

The company's management is obliged to determine the production to which the work performed relates, confirm the employee's employment in a certain department, directorate or division and establish the correspondence of the employee's position title to the profession provided for in special lists of production, work and professions that give the right to preferential benefits.

That is why it is so important to correctly make entries in the work book about renaming the unit.

Questions and answers on the topic

Employment history

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

The Labor Code and some by-laws impose requirements on organizations and individual entrepreneurs to compulsorily record the work activities and length of service of their employees.

Based on the provisions of Article 66 of the Labor Code of the Russian Federation, the work book is the main document for such accounting.

The form and procedure for maintaining work books are approved in two regulatory legal acts:

• Rules of conduct approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules);
• Instructions for filling out, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (hereinafter referred to as the Instructions).

Transfer or renaming of a position

The decisive point in reflecting changes made to the staffing table in personnel records is its relationship to the employee’s labor function. It is understood as a specific type of work specified in the employment contract to perform duties in a position/profession in accordance with the staffing table in accordance with the specified level of qualifications.

The preparation of personnel documentation in this case will depend on whether this function has remained unchanged or not.

When, with a change in the name of a position in the staffing table, the employee’s labor functions are preserved, that is, the employee continues to perform the same duties as before, his transfer to a new position is not required. But the relevant information about the renaming must still be reflected in the additional agreement drawn up to the employment contract and in the work book entries.

If, with the renaming of a position (profession), the employee’s job functions have at least partially changed, for example, new responsibilities have been added or old ones have changed in some way, these innovations must be formalized through translation. In this case, the employee will undergo all procedures related to taking on a new position in full.

How to make an entry in the work book about a transfer to another position due to a change in the staffing table?

When changing the name of a position in the staffing table we are talking specifically about transferring to another job, then this procedure includes the following operations:

• concluding an additional agreement with the employee to his employment contract>
• issuing an order to transfer him from one job to another>
• making a corresponding entry in the work book.

The wording of the entry in the book is usual for translation:

1. in column 1 – record number in order>
2. in column 2 – date of transfer>
3. in column 3 – the text “Transferred to the position...”>
4. in column 4 - a link to the details of the transfer order.

How to make an entry in the work book about a change in position according to the staffing table?

When a change in the name of a position/profession did not affect the list of duties performed by the employee, that is, his job function remained the same, there is no need to transfer to another job. However, any change in the title of a position, whether full or partial, requires the inclusion of corrective information in the employment contract.

This involves doing the following:

• signing an order to amend the staffing table>
• concluding an additional agreement with the employee to the employment contract on renaming the position/specialty/profession>
• making a corresponding entry in the work book.

The procedure for making an entry in the book:

1. in column 1 – record number>
2. in column 2 – date of change in the name of the position/profession>
3. in column 3 – text about renaming the position/profession>
4. in column 4 - a link to the details of the order to amend the staffing table.

How to make an entry in the work book when changing the staffing table with the wording about renaming the position?

As for the wording of the text about renaming a position/profession entered in column 3, the Instructions for filling out work books do not say anything about this. But if we recall the entry made in the work book of a worker in the event of a change in the name of the enterprise (organization) where he works, then we can similarly reflect the renaming of his position (profession).

That is, the text of column 3 of the job information will be as follows: “The position ... (the previous one is indicated) from such and such a date (the start date of the staffing table) was renamed to the position ... (the new one is indicated).” This entry in the work book, like all others, must be familiarized with the owner’s signature.

How to rename a department in an organization?

If the name of the department is indicated in the employment contract, then when it is renamed, an additional agreement to the employment contract is concluded indicating the new name of the department. If an entry about the name of the department is made in the work book, an entry about changing the name of the department is made in it. If the name of the department is not indicated in the employment contract and work book, then an additional agreement is not concluded, and an entry about the renaming of the department is not made in the work book.

At the same time, changes are made to the staffing table and personal cards of employees and, if necessary, to other personnel documents.

If the name of the department is not indicated in the employment contract, then changes to the documents are not required.

Rationale: One of the mandatory conditions for inclusion in an employment contract is the place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location (Article 57 of the Labor Code of the Russian Federation).

The employment contract may provide for additional conditions, including clarification of the place of work (indicating the structural unit and its location) and (or) the workplace (Part 4 of Article 57 of the Labor Code of the Russian Federation).

The Plenum of the Supreme Court of the Russian Federation in paragraph 16 of Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” explained that structural units should be understood as branches, representative offices, as well as departments, workshops, sections, etc. .

The name of the department is indicated in the employment contract

If the name of the department is reflected in the employment contract, then the terms of the employment contracts regarding the place of work of the employees, which is a structural unit that is not separate, changes.

According to the rules of Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation. Such cases include changing the terms of the employment contract at the initiative of the employer in the manner provided for in Art. 74 of the Labor Code of the Russian Federation, for reasons related to changes in organizational or technological working conditions, when the terms of the employment contract determined by the parties cannot be maintained.

Moreover, in the event of legal proceedings, the employer must prove to the court the need to change the terms of the employment contract due to changes in organizational or technological working conditions (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2). In the absence of the necessary evidence, the decision, as a rule, is made in favor of the employee (see, for example, the Appeal ruling of the Moscow City Court dated October 6, 2015 in case No. 33-33814/2015).

Thus, if the name of a structural unit (department) is indicated in the employment contracts of employees, then changing the terms of the employment contracts in terms of changing the name of the unit is possible by agreement of the parties, for which it is necessary to conclude additional agreements to the employment contracts, which indicate the new name of the structural unit.

If changes to the terms of employment contracts in terms of changing the name of a given unit are made at the initiative of the employer and are associated with changes in organizational or technological working conditions, the employer will be informed about upcoming changes to the conditions of the employment contract regarding the place of work determined by the parties, as well as about the reasons that necessitated such changes. is obliged to notify the employee in writing no later than two months in advance, unless otherwise provided by the Labor Code of the Russian Federation (Part 2 of Article 74 of the Labor Code of the Russian Federation). Whereas, if changes are made by agreement of the parties, it is not necessary to warn employees two months in advance and wait for the expiration of this period.

The basis for carrying out the above actions should be an order from the employer to carry out structural reorganization.

The name of the department is not indicated in the employment contract

If the name of the structural unit is not indicated in the employment contract with the employee, the employer does not have the obligation to enter into an additional agreement to the employment contract or obtain the written consent of the employee when renaming the structural unit.

Thus, the employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties ( Part 3 of Article 72.1 of the Labor Code of the Russian Federation).

In this case, it is enough for the employer to issue an order to rename the structural unit and familiarize the employees with it against signature.

Making changes to the staffing table and work books

Due to the fact that the staffing table contains, in particular, a list of structural units (Instructions for the use and completion of forms of primary accounting documentation for the accounting of labor and its payment, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1 “On approval of unified forms of primary accounting documentation for accounting labor and its payment"), when changing a structural unit, it is necessary, by order (instruction) of the head of the organization or a person authorized by him to do so, to make changes to the staffing table. Employees must be familiarized with the new edition of the staffing table against signature (Part 2 of Article 22 of the Labor Code of the Russian Federation).

In column 3 of the “Information about work” section of the work book, an entry is made about acceptance or appointment to a structural unit of the organization, indicating its specific name (if the condition of working in a specific structural unit is included in the employment contract as essential), the name of the position (job), specialty, profession indicating qualifications, and in column 4 the date and number of the order (instruction) or other decision of the employer are entered, according to which the employee was hired.

Changes and additions made in the prescribed manner to the qualification directories, staffing schedule of the organization are brought to the attention of employees, after which appropriate changes and additions are made to their work books on the basis of an order (instruction) or other decision of the employer (clause 3.1 of the Instructions for filling out work records). books approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 (hereinafter referred to as the Instructions)).

At the same time, the Instructions do not provide for specific wording of an entry in the work book in connection with a change in the name of a structural unit.

We believe that the form and procedure for making an entry about the renaming of a structural unit are similar to the form and procedure for making an entry about the renaming of an organization (clauses 3.1 and 3.2 of the Instructions). Thus, in a separate line in column 3 of the “Work Information” section, for example, the following entry is made: “Department No. 1 has been renamed Department No. 2 since 01/01/2019.” Column 4 contains the basis for the renaming - the number and date of the employer’s order to change the staffing table. Columns 1 and 2 remain empty. Since neither the Instructions nor the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, contains a prohibition on reflecting information about the renaming of a structural unit in this way, then this method can be considered legal, which complies with the requirements of paragraph. 4 clause 3.1 Instructions.

Nevertheless, there is a point of view of the Supreme Court of the Russian Federation, according to which, even in the case of transformation of a separate structural unit of a legal entity into a branch without changing the labor function of employees, the current legislation does not contain a requirement to make an entry in the work book (Question 26 in the Resolution of the Presidium of the Supreme Court of the Russian Federation dated November 23. 2005 “Answers to questions about the practice of application by courts of the Code of the Russian Federation on Administrative Offenses, housing and land legislation, and other Federal laws”).

We believe that if the name of the structural unit does not relate to the essential terms of the employment contract and an entry about it has not previously been made in the work book, then in the case of renaming the structural unit, making an entry about the renaming of the department in the work book is not required.

The introduced changes will also affect personal cards of employees, job descriptions and other personnel documents in which the renamed structural unit may be mentioned. Changes are made based on the order of the manager; employees must be familiarized with new editions of documents directly related to their work activities upon signature.

Thus, to formalize the renaming of a department of an organization, the employer should adhere to the following procedure:

- prepare a rationale for renaming a structural unit;

- in cases provided for by the Labor Code of the Russian Federation, notify employees in writing about upcoming changes two months before the renaming;

- if the name of the department is indicated in the employment contracts of employees, then draw up additional agreements with employees in which the clause of the employment contract containing the name of the department is given in a new edition;

- issue an order to make changes to the staffing table;

-make appropriate entries in work books if the name of the department was indicated in them;

-make changes to personal cards and other personnel documents.

General rules for filling out a work book

There are a number of special requirements for how to fill out a work book. For this purpose, employees of the Ministry of Labor of the Russian Federation in their Resolution No. 69 of October 10, 2003.

described the general legal requirements for the preparation of the documents in question. Also, as practice demonstrates, HR employees often draw up detailed samples for younger specialists, which reveal the nuances of filling out work books in accordance with legal requirements and extensive legal practice.

In particular, the general requirements for the preparation of such documentation are:

• A mandatory aspect that must be included in the work book is a link to the original source of the labor relationship. It is assumed that the document in question will contain a link to the individual employment agreement with the subject (its number and date);
• marks in the labor report are made within 7 working days from the date of execution of the contract, in accordance with which the subject will carry out his professional activities.

• the text of the entry that is written in the employee’s document in question must correspond to the data taken from the manager’s order on accepting a new subordinate to the position;
• all dates in the book must be marked in Arabic numerals and written in the standard sequence: day, month, year;
• It is prohibited to shorten the entered information, including references to the provisions of legislative regulations). Abbreviations are allowed only if the specific abbreviation has previously been deciphered within the same entry;
• When recording any information in the book of an employed person, the subject must be informed about the data entered. Also, the information in question is duplicated in the subject’s personal card, with which he must be familiarized with his signature.