How to correct the name of the organization in the work book?

According to current labor legislation, every employee is required to have a work book. This document stores information about the employee’s work activity throughout his life, and is also used to determine his total length of service. The registration of the book when an employee is hired, as well as its subsequent filling out, is carried out in the personnel department of the organization.

Sometimes mistakes are made when filling out the document insert, which can seriously affect the subsequent calculation of the pension. For example, an HR employee may incorrectly indicate the date of hiring or dismissal of an employee, as well as make an inaccuracy in the name of the company. We will tell you how to make changes correctly and what documents you will need for this in this article.

Errors in the work book

A work book is a very important document for both the employee and his employer. The work book stores all data about a person’s work activity, namely:

• recruitment}
• transfer from one position to another}
• layoffs}
• the grounds on which the employer terminated the employment contract with the employee}
• information about incentives for good work (rewards).

For the employee, this document is important because it stores all the information about the length of service, on which the amount of the accrued pension depends. In turn, the employer can get a lot of information from it about how the applicant worked previously, why he changed jobs, and much more.

An employee of the personnel department of the enterprise where the applicant gets a job is responsible for filling out and maintaining work books. Despite the fact that the Russian Labor Code prescribes the basic rules for maintaining work books, personnel officers can still make mistakes when filling them out. In this case, the main difficulty lies in the subsequent correction of incorrect entries, since many do not know how to do this correctly.

Full corporate name of the LLC in Russian

In addition to the concept of “name”, the Civil Code of the Russian Federation also provides for another concept – “company name” (Article 1473 of the Civil Code of the Russian Federation). It is used for commercial companies, in particular, for LLCs.

In fact, these concepts coincide, however, the company name is the object of exclusive rights, i.e. protected by law from theft and misuse by other companies for their own purposes.

The full corporate name (as well as an abbreviated name, if available) must be indicated in the organization’s constituent documents, and also be included in the Unified State Register of Legal Entities. A company name, like a regular name, must be used together with an indication of the legal form (LLC).

Important! The company has the exclusive right to a corporate name, which individualizes it. The name can be used for advertising purposes, indicated in advertisements, on signs, and on the Internet.

Similarly, an LLC has the right to a corporate abbreviated name (or a name in another language) if it is included in the Unified State Register of Legal Entities.

Main requirements

If mistakes are made, it is strictly forbidden to cross out, erase, cover up or falsify entries. Crossing out any data is allowed only on the title page of the document (for example, when changing the last name of an employee). In other cases this is unacceptable.

When filling out a work book, it is important to ensure that the information in each section is written correctly. If an inaccuracy is detected in the entry, it must be invalidated and amendments made in accordance with the requirements of the Labor Code of the Russian Federation.

Basically, HR officers most often make mistakes when numbering records, writing personal information about an employee, and when filling out the “Job Information” section. In the latter case, a common mistake is the incorrect spelling of the name of the company or its absence altogether, and therefore many HR workers are interested in how to correct an entry in the work book if the organization is not indicated or is written incorrectly.

Responsibility for incorrect document management

It would seem that such a minor mistake as the incorrect name of an organization would not entail any negative consequences. However, violation of the rules for filling out a work book provided for by law threatens the employer with appropriate penalties. Let’s say that the labor inspectorate noticed an error in an employee’s record book, what responsibility will his manager bear in this case? of 1,000 to 5,000 rubles may be imposed on him . The company can also be fined, and the amount of the penalty will range from 30,000 to 50,000 rubles.

Moreover, even the staff member who made a mistake can be held accountable. But he only faces disciplinary action within the framework, according to Art. 192 of the Labor Code of the Russian Federation. This means that the manager can reprimand or reprimand this employee.

Corrections in the work book: error in the name of the organization

The name of the enterprise that hired the applicant must be entered in his work book in the third column of the section “About work”. This mark looks like a header for records that contain data about the career movement of the owner of the work book in a specific organization. The name of the enterprise must fully coincide with the name that is on the seal (stamp) of the company. If an error was made in its writing, the procedure for making corrections in the employee’s work book will depend on whether there are other marks after the erroneous entry or not. But one way or another, you cannot cross out or correct a damaged entry.

To get an answer to the question of how to correct an entry in the work book in the name of the organization, the personnel officer must first prepare the following:

• employee's work book}
• fountain pen with blue, black or purple ink}
• order of admission/transfer/dismissal or any other document that was the basis for making an entry with an error}
• seal of the organization in which the entry with the error was made.

Step-by-step correction of an error in the name of the organization

In the case where the error was noticed at the beginning of the process of making an entry about admission/dismissal/transfer (in the interval between the name of the enterprise and the display of the fact of the employee’s career move), no duplicate entries need to be made. To do this, after the misspelled name of the organization, write the following: “The name is indicated incorrectly. It is necessary to read ...”, after which the full correct name of the enterprise is entered.

If after an entry with an erroneous name of the organization there is no free space and there are other marks, it is prohibited to cross out and correct the incorrect information. In this case, it is necessary to make the following (observing the numbering) entry, which indicates that the entry under such and such a number is invalid: “The entry under No. (mark number with the wrong name of the organization) is invalid.” After completing these steps, you should make the next entry in compliance with sequential numbering, in which it is necessary to duplicate the entry declared invalid, but with the correct name of the enterprise.

When correcting an error in the name of the organization in the work book, you need to use a seal (stamp). If the mistake was made by personnel department employees from another company where the employee worked previously, all corrections in the name of the organization are made on the basis of a document confirming the mistake.

General rules for making changes

A document such as a work book is kept for each employee who has worked in the organization for more than five days. Its owners must also include seasonal and temporary workers. Responsibilities for filling out the document are assigned to a personnel employee or secretary. If the company does not have a personnel service, then the employer himself must make the entries. He, in turn, can make adjustments. The procedure for making corrections is specified in Decree of the Government of the Russian Federation No. 225 . So, to fix the error you need to adhere to the following rules:

• All changes must be confirmed by relevant documents;
• Corrections are made in the same organization that made the mistake;
• To make new entries, there must be a special order or order;
• Crossing out incorrect information is not allowed.

You can correct an erroneous entry even after the employee has been dismissed. This can be done either by the former employer or by employees of the new organization. In both cases, a mandatory condition will be the provision of documents from the previous place of work, on the basis of which changes will be made. In addition, a situation may arise when an error in a document cannot be corrected, and, accordingly, it must be destroyed. In this case, the employee has every right to receive a duplicate of his book from his manager.

General rules for correcting errors in the work book

In the event that an HR department employee makes a mistake in filling out a work book, he must be guided by the general rules for making corrections and additions, which are regulated by the Labor Code of Russia. If inaccuracies were made at the initial stage of document preparation (entering personal information about the employee on the title page), then anything cannot be crossed out or corrected, and such a form must be destroyed.

Errors on the title page that were made by the previous employer or discovered after some time are carefully crossed out and the correct information about the employee is written next to it. A mark is made on the inside cover of the document containing information about the document on the basis of which the amendments were made (passport, birth/marriage/divorce certificate, etc.). Next, the signature of the personnel officer and the seal of the organization are affixed.

If errors are made when filling out the “About Work” section, corrections are made in the same way as when correcting an incorrect entry with the name of the institution in the work book. That is, in this case nothing is crossed out. An incorrect entry is considered invalid (a mark is made in accordance with the numbering of the entries) and the correct information is entered below.

An uncorrected error in any section of the work book will bring a lot of problems not only to its owner, but also to the employer himself, who by law is considered the person responsible for maintaining and storing these documents. For the employee, this is fraught with the fact that in the future he will have problems when applying for a pension benefit, since the Pension Fund may invalidate a work record book with errors, and the person will have to defend his rights in court.

In turn, the employer may be fined for negligence and failure to comply with the rules of the Labor Code, or the activities of his organization may be suspended for 90 days. Therefore, corrections in the work book (name of organization, personal data of the employee) must be made in a timely manner.

Requirements for the name of an LLC

Any organization must be individualized, that is, have a name and legal address. There are not many requirements for the name of a company; they are provided for by both the Civil Code of the Russian Federation and the Federal Law “On Limited Liability Companies dated 08.02.1998 No. 14-FZ. We will talk further about what requirements to follow and how to name an LLC in such a way as to avoid problems in future activities.

According to Art. 54 of the Civil Code of the Russian Federation, the name must be written together with an indication of the organizational and legal form of the company (for example, Limited Liability Company “Zakoved” - full name, LLC “Zakoved” - its abbreviated form).

You cannot include words such as Russia, Russian Federation and derivatives from them in the company name. In addition, you cannot call an LLC by the name of any government body. authorities, for example LLC "Supreme Court of the Republic of Tatarstan".

Additional requirements are contained in Art. 4 Federal Law No. 14. According to this norm, an LLC can have both mandatory and optional names.

We present the information in the table.

Thus, the organization must have a full name, and the rest, for example in English, may not be used.

LLC name in English

Many people are interested in whether it is possible to name a company in English, and how to do this. For example, let’s take the name of the organization “Unite”. In English, the name of the organization will look like Limited Liability Company "Unite".

This name can only be used in conjunction with the Russian version. That is, the company will have the official name: Limited Liability Company “Unite”, and at the same time will have the official English name Limited Liability Company “Unite”.

At the same time, it is necessary to take into account that the name is transcribed into Russian and not translated. That is, even if the founder of the company chose the English name LLC “Unite”, then in Russian it should look like LLC “Unite”, and not LLC “Unite”.

The name in English, as an addition to the main name, is included in the constituent documents of the company and in the Unified State Register of Legal Entities.

Checking LLC names for uniqueness

By virtue of clause 3 of Art. 1474 of the Civil Code of the Russian Federation, companies that are engaged in the same activities cannot use the same names.

In this case, the right will be the company that registered (entered its name in the register) before the other.

Checking the LLC name for uniqueness online is quite simple. For this, there is an official resource from the tax office (Federal Tax Service of Russia), which is located at the Internet address: //egrul. tax. ru/.

If you ignore the above rule, a company with a similar name is obliged to change its name or type of activity. In addition, it must compensate the copyright holder of the brand name.

Thus, only the full name of the organization is required, and the rest can be used at the initiative of the founders. In addition, the name must be unique, but non-unique names are allowed if companies operate in different areas (for example, one sells shoes, and the other repairs clothes). As for the choice of the name itself, when deciding what to name an LLC, complete freedom of imagination is allowed.