Changing the last name in the work book: sample 2021

How to make an entry about a change of surname in a work book

A work book is a personal document of an employee containing records of his work activity and length of service (Article 66 of the Labor Code of the Russian Federation). A citizen presents a work book at each new main place of work to enter information about employment. Part-time workers can ask the main employer to make a record of part-time work.

The obligation to record the employment of a citizen in the work book is assigned to both legal entities and entrepreneurs (Article 309 of the Labor Code of the Russian Federation).

Read about all the nuances of maintaining and storing work books in the article “Instructions for filling out work books .

Any amendments are made to the work book only if supporting documents are available. It is prohibited to do this from the words of the owner of the work book, manager or other employee (clause 2.3 of the resolution of the Ministry of Social Development of the Russian Federation of October 10, 2003 No. 69 and clause 26 of the resolution of the Government of the Russian Federation of April 16, 2003 No. 225).

Since the work book is a personal document, it indicates the last name of the employee. If he changed his last name, the data in the work book must be updated. More often, women change their surname upon marriage or divorce. In addition, the legislation of our country allows a citizen who has reached the age of 14 to change his surname with the consent of both parents or guardians. An adult can change his surname without having to seek someone’s consent (Article 19 of the Civil Code of the Russian Federation).

In order to make an entry about a change of name in the work book, the person responsible for maintaining work books must have one of the following documents on hand:

• passport with a new surname;
• marriage certificate;
• certificate of divorce;
• certificate of change of surname.

Based on them, the responsible employee updates the information in the work book according to the established algorithm.

Correct entry of information on the title page

The basic requirements for filling out the title page containing the employee’s personal information are specified in the Rules for maintaining and storing work books (2003):

• personal data - last name, first name and patronymic - are recorded according to the identity document, without allowing abbreviations or recording data with initials}
• information about the employee’s date of birth is indicated in full, without allowing abbreviations, on the basis of a passport or identity document.

The title page must be signed by a personnel service employee or a person authorized to maintain work records, and certified with the seal of either the personnel service or the organization. The signature of the employee - the owner of the work book - is mandatory. His signature confirms the correctness of the data entered into the document.

The absence of a signature or seal on a document makes it invalid, and a subsequently discovered error in an entry in the work book becomes a big problem for its owner. Therefore, carefully checking the personal information on the title page is primarily in the interests of the owner.

Error in entries when creating a new book

A citizen gets his first job and previously did not have a work book. If, when checking the records made by a personnel service employee, the owner of the book or the personnel officer himself discovers an error in personal data, then, according to the Rules for maintaining and storing work books, such a form must be recognized as damaged and destroyed, about which an appropriate act must be drawn up. The fact of writing off a damaged form should be recorded in the movement log of work book forms.

The HR employee enters the employee’s data into a new work book form, and all costs for the damaged form are borne by the employer.

This is the simplest case when an error discovered in the work book in the spelling of the employee’s name is easily eliminated and does not have any consequences.

A name error was discovered at a new place of work.

In the event that an incorrect spelling of an employee’s name is discovered during a change of job, the situation changes.

The Rules for Maintaining and Storing Work Books state that if errors are found in the work book entries, the necessary corrections are made in the organization that made these errors when filling out the book. But the thing is that these instructions relate exclusively to sections on work and employee awards. Corrections of errors are made by invalidating the entry and then entering the correct information.

The title page cannot contain any errors, and it is legally impossible to correct the information on it. The only thing that can be done with the title page information is to change or supplement it based on the relevant documents. These grounds are indicated on the cover of the work book, the entries are certified by the signatures of the responsible persons and the seal of the organization.

The HR department, on completely legal grounds, may not accept an employee’s work book with incorrect personal data, since it does not have reliable information about the ownership of this document by the employee.

Changing the last name in the work book: sample 2018

Changes to personal data in the work book are made in accordance with clause 26 of Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.

So, the employee changed his last name and received a new passport. The personnel officer carefully crosses out the employee’s old name on the title page of the work book with one line and writes a new one on top or next to it on the same line.

Note! The crossed out inscription should be easy to read.

On the inside cover of the work book, the personnel officer must explain on the basis of what information he made the correction to the document. Information about documents supporting amendments must include their name, series and number, and date. The explanation must be certified by the seal of the company or personnel department and the signature of the responsible employee.

We have prepared a sample of the correct replacement of an employee’s last name in the work book:

Last name change

The most common reason for changes on the title page of a work record book is a change of surname due to marriage (or divorce). There are also more exotic reasons: changing the last name, first name, patronymic, or even the date of birth “just like that.”

In the explanatory note, it is preferable to refer to the “primary” document about the change of surname (marriage certificate, divorce certificate, name change), but the letter of the instructions does not prevent you from referring to the passport with new data.

If there is not enough space on the line, you can write a new surname at the top. The instructions are silent on what to do during the third, fourth, etc. marriage (in the work books of the USSR times, several lines were allocated for the surname, it was easier there). It’s a little easier with explanatory notes: if there is not enough space on the second page of the cover, following the letter of the instructions, you should go to the third page of the cover (the right half of the last spread of the work book), since it is also the inside of the cover

.

Results

The algorithm for changing an employee’s personal data in the work book is simple: you need to obtain supporting documents from him and correctly indicate the changed information. The work book must contain up-to-date information, so do not forget to remind employees of the need to notify in a timely manner about a change of name or other data.

And the article “How to restore a work book if it is lost” will tell you what to do if you or your employer have lost your work book .
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Example of a statement of claim

In Traktorozavodskoy district court
of Chelyabinsk, Chelyabinsk region

Plaintiff: Igor Stepanovich Dubrovsky, address: 454085, Chelyabinsk, st. Traktovaya, 18,

tel. 946434516846,

Defendant: MashStroy LLC, address: 454085, Chelyabinsk, st. Traktovaya, 18,

TIN 125874963285, OGRN 894526595852

Statement of claim for changing an entry in the work book

At MashStroy LLC, the plaintiff worked under an employment contract as an assistant financial director from November 21, 2021 (employment order dated November 22, 2020 No. 51).

On October 26, 2021, I sent a voluntary resignation letter to the director effective November 15, 2021. The reason for my dismissal is the fact that I was going to take a new position in a third-party organization. On the day of dismissal, namely November 15, 2021, I received a full payment. However, I was not given a work book. November 18, 2021 to the defendant’s email and the personal mail of director S.V. Kuznetsov, I sent a request for the issuance of my work book. Both letters have been read by the recipients.

However, in violation of the requirements of paragraph 4 and paragraph 6 of Art. 81 of the Labor Code of the Russian Federation (the employer’s obligation to issue a work book no later than 3 days from the date of the employee’s application), the work book was sent to me by mail (according to the stamp of the postal organization) only on December 08, 2021. The work book and the dismissal order indicate the date of dismissal - October 26. 2021

The actions of the administration of MashStroy LLC caused me significant moral harm, expressed in the impossibility of official employment with a third-party organization.

Based on Art. 81, 237 of the Labor Code of the Russian Federation, clause 35 of 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 No. 225, 131-132 Code of Civil Procedure of the Russian Federation,

Ask:

1. Oblige MashStroy LLC to make changes to I.S. Dubrovsky’s work book, changing the date of dismissal from “10/26/2021” to “11/15/2021”, and also to pay compensation for moral damage in the amount of 50,000 rubles.

Application:

1. Work book (copy);
2. Employment contract;
3. The order of acceptance to work
4. A copy of the dismissal order;
5. Emails with delivery information
6. A copy of information from MashStroy LLC about the direction of the work book
7. Notice of sending documents and claims to the defendant

Dubrovsky I. S. 01/20/2022

Filing a claim in court

The employee submits a claim to the district court (general jurisdiction of labor disputes) at his place of residence, location of the employer or place of work. You can file a claim in person or send it by mail.

Since there are cases in which an employee may require changes, the list of evidence in each case will be individual. Copies of documents related to the work (employment contract, transfer order) must be attached to the application. If we are talking about the date of admission, therefore, in court it is necessary to prove the fact of the establishment of an employment relationship (that the employee was actually allowed to work). Before recording this in the work book and issuing an order for employment. This may be a pass, copies of contracts concluded on behalf of the employee and in connection with the activities of the employer, or witness testimony.

A claim to change an entry in the work book is considered in the usual manner at a court hearing.