How to make changes to a work book about changing your full name: samples and examples

The work book is the main document about work experience

The main document of an employee confirming his length of service and periods of employment in specific organizations in certain positions is the work book.
But according to the norms of Article 66 of the Labor Code of the Russian Federation, all employers are required to maintain this document, except for individuals who are not individual entrepreneurs. IMPORTANT!

On September 1, 2021, Order No. 320n of the Ministry of Labor dated May 19, 2021 came into force, which amended the rules for working with paper work books and changed the requirements for their registration.

If an employee changes his last name, appropriate adjustments are made to personnel and accounting documents, including the work book, personal card and contract. The procedure for correcting personal data is quite simple, but it is carried out without fail, otherwise questions will arise in the future when assigning a pension, including challenging the right to receive security from the state. A new order of the Ministry of Labor regulates how to change the surname in the work book after marriage, divorce or for other reasons.

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

Legislative framework for changing personal data of employees

Most often, personal data is changed 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. 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. But is it necessary to change the work book when changing the surname after marriage - no, it is enough to make corrections. The labor code must contain 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.

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 are corrected if there are reasons and documentary evidence for this. For example, reasons include:

• change of surname due to marriage or divorce;
• change of personal data for other reasons;
• errors in spelling of last name.

As for documentary evidence, they include a marriage certificate, passport, birth certificate, certificate of change of personal data, divorce and other official documents.

The employer at the last place of employment makes an entry in the employment record that the surname has been changed based on the marriage certificate and the employee’s application. 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.

The “Rules for maintaining and storing work books, producing work book forms and providing them to employers”, approved by the Ministry of Labor, states that a duplicate of this document is issued if its original is lost, and explains how to make an entry in the work book about a change of surname after marriage or divorce.

An entry into the Labor Code is made based on the employee’s application.

The manager’s decision must be formalized in an appropriate administrative document - an order.

Data about the basis document is entered on the inside of the first page of the TC.

An employee changes his last name: how to formalize changes in personnel documents

The employee got married and changed her last name. In this case, is it enough to issue an order that from such and such a date Lukyanova be considered Shestakova in connection with the registration of marriage?

Is it necessary to conclude an additional agreement to the employment contract with the employee in connection with the change of surname?
Is there a fine for incorrectly drawing up an additional agreement? How to make corrections to the work book? What other documents need to reflect the change in surname?” We will answer all questions in order. According to Art. 3 of the Federal Law “On Personal Data” dated July 27, 2006 No. 152-FZ

“personal data - any information relating to an individual identified or determined on the basis of such information (subject of personal data), including his last name, first name, patronymic, year, month, date and place of birth, address, family, social, property position, education, profession, income, other information.”

Many personnel and accounting documents contain personal data. Therefore, when an employee’s personal data changes, it is necessary to issue an order to amend the documents containing personal data.

The issuance of an order is preceded by the employee submitting an application with a request to make changes to documents containing personal data. Submitting an application is not a mandatory but advisable step. The employee attaches to the application copies of documents confirming the change in personal data (passport, marriage registration certificate, divorce certificate, certificate of change of surname or first name, patronymic, court decision, etc.). The employee presents the originals of these documents to the employer.

Next comes the issuance of the order. The recommended name for such an order is “Order to amend documents containing the employee’s personal data.”

We categorically do not recommend using a common formulation like “From such and such a date, consider Lukyanova Shestakova in connection with the registration of marriage...” In our opinion, this is illiterate. One might think that without an order from her employer, Lukyanova would not be considered Shestakova? She is considered Shestakova on the basis of a marriage registration certificate, and not on the basis of an order from her employer.

Another common formulation is also incorrect: “to make changes to the employee’s personal data.” Changing an employee’s personal data is the authority of special government bodies, and not the employer’s personnel service. The personnel service only makes changes to documents containing personal data on the basis of documents on changes in personal data of employees issued by special government bodies.

Based on such an order, changes will be made to the employee’s work book, the employee’s personal card, the employee’s personal account and other personnel and accounting documents containing the employee’s personal data.

In our opinion, there is no need to conclude an additional agreement to the employment contract with the employee in connection with a change in the last name and other personal data. This conclusion can be drawn from Article 57 of the Labor Code of the Russian Federation. According to this article, the content of the employment contract includes information and conditions. Last name, first name, patronymic of the employee, information about the employee’s identity documents are included in the information. According to Part 3 of Art. 57 of the Labor Code of the Russian Federation “the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by an appendix to the employment contract or by a separate agreement of the parties...”. We believe that the same should be done in case of changes in information, i.e. make changes to the text of the employment contract, and at the same time certify the newly entered information with the signatures of the parties - the employee and the employer. Art. 72 of the Labor Code of the Russian Federation also confirms that only when the terms of the employment contract change, a separate agreement is drawn up.

However, there is another point of view. Opponents believe that an additional agreement to the employment contract should be concluded if the employee changes his last name and other personal data. Supporters of this position also refer to Article 57 of the Labor Code of the Russian Federation and point out that this article allows only missing information to be entered into the text of the employment contract, and not changed. Therefore, you cannot make changes to the information about the last name and other personal data of employees in the text of the employment contract, but you need to sign an additional agreement.

In practice, some personnel officers, to be on the safe side, are guided by both of the above points of view and make changes to the text of the employment contract and sign an additional agreement with the employee. So far we have not received information that the State Labor Inspectorate imposes fines for drawing up an additional agreement to an employment contract in the event of a change in the employee’s personal data.

An order to amend documents containing personal data is registered in the appropriate Order Register.

The order to amend documents containing personal data is presented to all interested parties against signature: the employee himself, the relevant personnel and accounting employees.

Based on the order, the necessary changes are made to the documents containing personal data of employees by authorized employees of the employer.

Changing information about an employee in the work book.

Clause 2.3 of the Instructions establishes the following rules for making changes to information about an employee in the work book:

- changes in entries in work books about surname, name, patronymic and date of birth are made on the basis of a passport, birth certificate, marriage certificate, divorce certificate, change of surname, name, patronymic and other documents and with reference to their number and date;

— these changes are made on the first page (title page) of the work book;

- the previous surname or first name, patronymic, date of birth are crossed out with one line and new data is recorded;

- references to the relevant documents are made on the inside cover of the work book and certified by the signature of the employer or a person specially authorized by him and the seal of the organization (or the seal of the personnel service).

Some experts believe that records of changes in surnames should be made not only on the basis of a certificate, but also simultaneously on the basis of a passport.

In practice, the new surname is written next to the crossed out one (as in the example), under the crossed out one, above the crossed out one, depending on the availability of free space.

Changing information about an employee in a personal card.

There are several options for making such changes to your personal card.

Suppose an employee got married and changed her last name.

The previous surname can be crossed out with one line, and the new surname can be indicated on the right. By the way, this is why in a line intended to indicate a surname, it is usually recommended to write it closer to the left edge. Then there is room to indicate the new surname to the right. You should also indicate on the basis of which document the changes were made. This can be done in the field of the personal card opposite the line where the previous surname is crossed out and the new one is written - “Marriage Registration Certificate II-MT No. 115116 dated 08/10/2005.” The personnel officer certifies this entry with his signature and puts down the date of the changes.

If there is no space on the right, then the new surname can be written at the top.

Information about the document confirming the change of surname and the certification signature of the personnel employee can also be indicated in section X of the personal card “Additional information”.

Another option, used in this case in personnel practice, is to print a page of a personal card with changes made or additional lines under the column for making changes. In this case, a note is made on the old page indicating that the page was replaced due to a change in the surname. The new page also reflects the fact of the replacement.

Similar recommendations can be given regarding changing other information about the employee.

Hello Guest! Offer from "Clerk"

Online professional retraining “Accountant on the simplified tax system” with a diploma for 250 academic hours . Learn everything new to avoid mistakes. Online training for 2 months, the stream starts on March 1.

Sign up

Entry in the work book

When an employee’s personal data changes, an entry is made in the Labor Code about the change of surname, 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 amendments puts his signature, transcript and seal of the organization.

It is recommended to make changes compactly; if they are required more than once, there should be enough space for all corrections. 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

We examined the most common case that requires changes to the Labor Code. Despite the variety of reasons for editing information in this document, the general algorithm of actions and wording remains similar.

Procedure for registering a last name change

When changing the employee's last name, the employer will have to correctly make corrections to the internal documentation.
First of all, the employee who changed his last name must write a statement.

Rice. 1. Application to the employer for changes

Grounds for changing an employee’s personal data

After changing your passport data, you must make changes to your personnel documents. The reason for this will be copies of supporting documents:

• certificate of marriage or divorce, as well as change of name;
• a new passport of the person;
• SNILS and INN.

It is these documents that the employee must submit to change his last name at work.

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 the personal card, the old data is crossed out with one line and the current ones are entered. It is permissible to print out a blank page from the card with new information, and put a mark on the old sheet about its replacement. The date of renewal, details of the basis document, information about the person making the amendments, signature and seal must be indicated. If there is not enough space, information is indicated 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.

Responsibility of the parties for the accuracy of information

The employer is responsible for correctly filling out employee documents. Employees completing the 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 will be subject to disciplinary action. The employee must be familiarized with such documents against signature so that he is aware of his responsibilities.