Sometimes in life there are situations when a person changes his last name.
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Such an event entails a number of formalities that require changes to the documentation. This is an important circumstance, because they may lose their validity due to changes in personal data.
How to correctly re-register a work book due to the fact that a person has changed his personal parameters? Here you can see a sample design when changing the last name of an entry in this document.
In what cases is it performed?
The most common situations regarding changing a surname are marriage or divorce. when an employee makes changes to her personal data.
Usually she notifies the administration of the enterprise about this based on the legal papers received from the registry office.
What procedure is provided for making changes to the personal file and other documentation of the enterprise?
There are 2 circumstances that influence making changes to the work book:
- If an employee has changed his last name or other personal data, then the entry into the work book must be made by the employer for whom he worked at the time of the change in personal data.
- The new employer has the right to make an amendment in connection with a change in personal data, if for some reason they were not corrected at the previous place of work, and the employee has already quit and started working for him.
In any case, before making changes to personal forms, an employee from the HR department must check the availability of official certificates confirming this circumstance.
The rationale for requiring written legal papers is set out in paragraph 26 of Decree of the Government of the Russian Federation of April 16, 2003 No. 225.
Decree of the Government of the Russian Federation of April 16, 2003 N 225
Features of making changes
As you know, a work book is a document that contains information about all official places of work of a citizen, positions, etc. When a person joins a new company, the fact of his employment must be recorded in the form of an entry in this document. The exception is when the work is unofficial or the person works part-time.
How is a change of surname in the work book formalized?
In order for the employee responsible for personnel matters to verify the legality of the change of surname, he needs to require a statement from the worker with copies of the attached certificates.
If it is necessary to change the surname in the work book after marriage, then you must obtain a copy of a new passport and marriage certificate.
In the case when it is changed due to divorce, then the corresponding certificate must be attached - about the dissolution of the marriage.
Find out from our article how to prepare an application for a work book. How is the act of transferring work records drawn up upon dismissal of the responsible person? See here.
Rules and stages for making changes
Changing records when changing data is done in stages:
- First, the correction is made in a specially designated column where the surname is entered on the first sheet when turning the brochure: the previous word is crossed out with a straight line, and if space allows, a new parameter is entered next to it. You can also place the inscription on top of the crossed out word.
- The main parameters from the certificate issued at the registry office are written out on the inside cover so that there is space left for entering the details of the next document if changes suddenly have to be made again. Experienced HR professionals recommend saving space here to indicate possible similar corrections.
- Below the entry about the series and number of the certificate and other data, the person responsible for the personnel of the enterprise puts his visa and personal parameters. The signature is stamped so that all the words can be read.
The entry must be made in legible handwriting without corrections or erasures.
Example:
Making an entry when changing your last name
The need to correct the surname
If at least one letter of the last name in the work book does not match the last name written in the passport, problems may arise when calculating a pension. The pension fund may refuse to take into account the length of service if the surname in this document does not match the surname indicated in the passport.
To calculate the correct length of service, you will have to seek confirmation of the legal ownership of the paper (maybe even through going to court). Therefore, you should correct errors in the spelling of your last name in the work book immediately after they are discovered and not postpone this process until later.
Documents on change of surname
Entry into the work book of a change of surname must be carried out at the place of work in the last organization on the basis of an order from management about changes in documents containing certain personal data, including in the work book.
Before issuing such an order, the employee must submit an application requesting to change the last name in the relevant documents (employment contract, work book and others), to which copies of supporting documents should be attached (passport, marriage registration certificate, divorce certificate, document on changing the previous last name , court decision and others). The originals must be presented to the employer. The work book must indicate the number and date of issue of such documents.
Procedure for changing a surname in TC
There is the following procedure for changing the employee’s last name in the work book insert:
- the entire surname must be crossed out with one even and continuous line (you cannot cross out only part of the letters)}
- The new surname should be written next to or on the line below (if this line is free)}
- on the inside cover you should indicate all the necessary references to the documents presented (names, numbers and dates of issue)}
- under the information about the documents presented, it is necessary to put the appropriate signature of the employer or employee of the human resources department and the seal of the organization in which the employee currently works (or is hired).
The clear wording of the entry on the inside cover is not given in the Instructions. If the surname is changed for the first time, then it is possible to indicate only the new surname (“The surname was changed to the surname “Sidorova” on the basis of passport No. ___, issued by such and such institution “___” 19__ or 20__”). If the surname is changed for the second (or more) time, then it is logical to indicate the old and new surname (“The surname “Petrov” was changed to the surname “Sergeev” on the basis of ...”)
Correcting errors in the spelling of surnames in TC
The Rules (clauses 27-28) and the Instructions (clause 1.2) report corrections to entries in the Labor Code, but do not specifically report entries on the title page. Changing the surname in the work book is discussed in paragraph 26 (Rules) and paragraph 2.3 (Instructions), where it is stated that the surname can be changed upon presentation of personal documents, but there is no mention of correcting errors.
The case of “incorrect filling” (primary) is indirectly considered in paragraph 42 of the Rules (destroy the damaged labor documentation) and paragraph 48 (the employer must pay for the replacement of the damaged labor documentation).
For example, a certain Muratov goes to work and must receive his first work book in his life. But when filling it out, the personnel officer makes a mistake and writes “Maratov”. Do I need to change my last name in my work book? No, you should destroy the form and draw up a report about it.
It should be remembered that the head of the enterprise is responsible for recording and storing technical documentation, because it is the manager who appoints the personnel department employees (or their replacements) and is obliged to monitor their work.
For violation of the procedure for recording and storing labor codes, officials may incur disciplinary penalties depending on the level of their responsibility, as well as bear other responsibility in cases provided for in legislative acts.
Correction of "old" errors on the title page
But what if the error appeared earlier - at the old place of work - and was noticed only now?
The Rules for calculating length of service for approving pensions (No. 555, July 24, 2002, 44 point) and the Rules for calculating length of service for determining sickness and maternity benefits (No. 91, 02/06/2007, 26 point) indicate that if the surname written in the TC, with passport or birth certificate data, then the ownership of the TC to this particular person is established upon presentation of a marriage certificate, a document on change of surname, certificates from foreign government agencies or in court.
In this case, it is necessary to file an application with the court to establish the fact of ownership of the TC. The application is submitted at the place of registration, you must pay a fee and ask the court to rule that this work book, issued, for example, to Petrovsky, was in fact issued to Piotrovsky.
In practice, an employee does not always go to court to confirm that this book (and length of service) belongs to him. Quite often, HR department employees change their last name in the work book in the same way as in the case of a last name change upon marriage.
The basis for this practice is the provisions of paragraphs 26-28 of the Rules for Maintaining the Labor Code, which state that if an inaccuracy or incorrectness of a record is revealed (just a “record”, and not specifically a surname), then it must be corrected where it was made - that is, on old place. Corrections can also be made at a new place, but this requires a certificate from the old employer.
For example, such a document can be considered a certificate issued stating that during the initial entries, that is, the initial filling out of the Labor Code, one or another mistake was made in the spelling of the employee’s last name.
The certificate must be properly certified (signature of the responsible person and seal of the organization) and preferably issued on the official letterhead of the enterprise. The employee can independently apply for such a certificate from the previous organization to the former employer or ask his current employer to provide him with the necessary assistance in this.
What difficulties may arise?
In case of reorganization of the old company, the certificate must be issued by its legal successor. If the old organization is liquidated, the new employer can make corrections upon presentation of the “appropriate document”.
As you can see, these paragraphs do not specifically talk about changing the surname, nor do they say that a passport may be a sufficient basis for such a change.
In this case, the question of how to correctly indicate a change of surname in the work book can lead to unpleasant consequences for the employer if the employee’s identity is actually unknown to personnel officers, and the surname is changed only on the basis of a passport.
To correct errors, it is necessary to request certificates from old places of work. But these organizations may be liquidated, transformed, sold, or even located abroad after the collapse of the Soviet Union, and documents in the archives may be lost.
Therefore, the most legal way would still be to go to court and officially establish that the work book belongs to this particular person.
Foundation documents
The basis for making amendments to the work book is the order of the manager.
The employee informs about the event that occurred, which caused a change in his personal identification data.
The HR department employee must raise the employee’s personal file and draw up an additional agreement with him to the employment contract.
He makes appropriate changes to the work book and introduces him to the result of his work.
Provided by the employee
In order for the forms in the employee’s personal work file to be valid if there are any changes in his individual data, he needs to write an application and provide supporting documents.
According to the rules of clause 2.3. Instructions for filling out work books (Resolution No. 69 of the Ministry of Labor of Russia dated October 10, 2003) replacement of data on last name, first name, patronymic and date of birth is carried out on the basis of several legal papers provided by the employee himself.
Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69
This:
- passport;
- birth document;
- document on marriage (divorce);
- other papers issued by government agencies of the Russian Federation.
Be sure to indicate on the inside cover of the brochure a link to their number and date.
Registered in the organization
The procedure for carrying out this procedure involves the execution of two documents providing grounds for making amendments:
- An employee’s statement requesting changes to a personal file.
- Order the HR department to make appropriate corrections in respect of such employee.
Let's take a closer look at how to change the last name in a personal file at the request of a worker and by order of the head of the enterprise.
Statement
The application form is standard, i.e. the employee turns to the director of the organization with a request to enter new data into his personal documents confirming his employment relationship with the employer.
It is imperative that under the date and signature of the applicant, it is necessary to indicate in the application a list of copies of the passport and certificate, on the basis of which it is necessary to change the individual parameters of the worker.
Sample:
Order
The manager endorses the subordinate’s application and gives instructions to issue an order to correct the employee’s old data with new ones.
Example:
Reasons for changing your surname
Changing the surname of an employee of an organization requires the employer or HR department employee to have a clear understanding of the actions regarding how to make changes to the work book.
The most common case for changing a surname is a change in the marital status of the employee and the adoption of the spouse's surname.
In this case, adjustments must be made to the work book immediately after the employee changes his passport to a new surname.
In addition, the surname can be changed at the person's own request . As a rule, changes to the employment record are also made after receiving a new passport.
A change of entry in the work record regarding the surname is also made for other reasons, for example, after a divorce proceeding.
Such an action is always executed using the same algorithm.
Thus, when personal data changes, the work book should display a change in such information. Since this document does not belong to the employee until the change in employment occurs.
What other documents need to be changed?
After completing and approving the order to use the employee’s new last name, it is necessary to update the records in the following papers:
- in the personal file, information about the employee is corrected in the card;
- re-register documentation on personal accounts;
- update the personalization changed in relation to the employee in all other personnel and accounting forms where there is individual data of the worker.
Personal card
Making changes to your personal card can be done in different ways.
Let's take a closer look at the example:
The most common option is when a worker takes her husband’s data after the wedding - for example, Anokhina became Danilchenko.
The maiden name is crossed out and, if space permits, a new one is added nearby.
On the inside cover, enter the name of the official documentation, series, number and date, for example, “Marriage Registration Certificate II-BB No. 342876 dated 04/11/2015.” Under this entry, the personnel employee must sign with his data and put a stamp. It is necessary to indicate the date when the update was performed. If there is not enough space, then a note about the personal parameter is made above the crossed out word.
The parameters of the certificate, in accordance with which the record is changed with confirmation of its accuracy by the signature of a personnel employee, can also be indicated in the card, where there is a place in the “Additional information” section.
Sometimes HR officers print out a blank page from a worker’s card with new parameters, and leave a note on the old sheet about its replacement.
Employment contract
Not all personnel employees agree that when changing personal parameters, it is necessary to sign a new employment contract or draw up an additional agreement to it.
But there are opponents of such actions who believe that an annex to the main contract should be concluded due to changes that have occurred in the personalization of the worker. The basis for this principle of action is described in Article 57 of the Labor Code of the Russian Federation.
It allows editing of the text only for the purpose of containing missing information, and not changed.
Therefore, when changing the personal data of employees, an additional agreement must be signed.
Read more about corrections in the work book on our website. How to pass testing when applying for a job? Find out here.
Why do you need a hologram in a work book? Information is here.
Errors when making entries and their correction
Inaccuracies and errors may be made by an employee of the personnel department when previous information is adjusted to new ones. Incorrect entries must be corrected. This is done as indicated in the Instructions.
If the book of labor notes is drawn up for the first time and a mistake is made, the document is destroyed and a duplicate is created. The purchase of a new form occurs at the expense of the enterprise and the employee who made the mistake. Difficulties arise if all the necessary information for several years of employment has already been entered into the document.
The Instructions spell out the entire procedure for correcting inaccuracies, but there is no mention of the main sheet. The document only says that changes in basic data occur in accordance with the employee’s personal papers.
Advice! But the mistake needs to be corrected. Therefore, it is necessary to insert the insert and make a note “instead of the erroneous one”, put the signature of the responsible employee, then the head of the personnel department, then the head of the organization. The changes must be sealed with the main seal of the employer.
Responsibility for storing and correctly filling out workbooks lies with the management of the company. It is it that appoints an official specifically to perform the specified function. Such persons bear disciplinary sanctions for violations in the preparation of work books.
What else do you need to know?
Change of signature
The personnel inspector must not only make changes to the last name in the documentation, but also obtain a new sample signature from the employee; this should not be forgotten.
Returning a surname in case of divorce
It happens that after a marriage is dissolved, they return to the surname that was before the marriage. In such cases, it is necessary to indicate that the marital surname has been replaced by a premarital surname, on the basis of a divorce certificate.
Example:
Making an entry for remarriage
The next marriage must also be reflected in the work book, just like the first.
If a change of surname occurred during a remarriage with the same person, then the record indicates that the old one was changed to a new one on the basis of a marriage certificate, just as when it was returned upon divorce.
Remarriage
It also happens that an employee gets married for the second (third, fourth or more) time. In this case, the procedure for making changes to the information in the employee’s work book is carried out in a similar way.
So no matter how many times a female employee of an organization gets married (and divorced), each time she must write an application to change her personal data in the work book and documents of the organization. The employer must again draw up an order to change these data, and only then is the surname changed after marriage in the work book.
If there is no longer space on the cover of the employee’s work book to indicate links to documents confirming official changes in personal data, then the HR department employee makes all the same notes with the name of the document, its serial number and date, but on the third page worker's work book.
An employee who has gotten married and changed her last name should be sure to check the accuracy and correctness of the spelling of her new last name. Otherwise, in the event of an error that neither she nor the management noticed, the employee will have to prove her employment status in court.
