Additional agreement to the contract sample on changing the employee's surname

Application for change of surname

The first document that should be drawn up is an application to change the surname upon marriage. Without it, there will be no basis for issuing an order and changing personnel documents. You can make an application in free form, since the law does not provide special forms for this.

In the application, the employee must provide the old and new names and state the request for a replacement. You also need to indicate which supporting documents are attached. Typically these are copies of your marriage certificate and passport.

Note! Supporting documents are required! Without them, the application should not be accepted!

Here is an example of such a statement:

General Director of Romashka LLC I.I. Ivanov

from manager Petrova (Sidorova) M.I.

STATEMENT

I ask you to change my personal data in the documents in connection with the change of surname due to marriage. My previous surname is Sidorova, my new surname is Petrova. I am attaching supporting documents to the application, namely:

a copy of the marriage certificate X-XX No. 123456 dated January 15, 2018, issued by the Tushino department of the Civil Registry Office of Moscow;
a copy of the Russian Federation passport series 1234 No. 123456, issued on February 1, 2018 by the passport and visa office of the Mitino District Department of Internal Affairs of the North-West Administrative District of Moscow, department code XXX-XXX

02.12.2018 /M.I. Petrova/

Do I need to make changes to the employment contract when changing the employee's last name?

If an employee, having received a new passport, changed her last name, it is not necessary to make changes to the employment contract.

An employment contract is an agreement between an employer and an employee (Article 56 of the Labor Code of the Russian Federation), within the framework of which the employer undertakes:

provide the employee with work according to the specified labor function;
provide working conditions that are provided for by labor legislation and other regulations containing labor law norms, collective agreements, agreements, local regulations and this agreement;
pay him his salary on time and in full.

The employee, in turn, is obliged:

perform a labor function specified in the contract in the interests, under the management and control of the employer;
comply with the rules and regulations applicable to the employer.

The employment contract also includes the full name of the employee, as well as information about his identification document. The employee presents this document (usually a passport) to the employer at the time of concluding an employment contract (Article 65 of the Labor Code of the Russian Federation). This data is considered mandatory information (Article 57 of the Labor Code of the Russian Federation), but is not the terms of the contract. Therefore, changes in this information do not entail the execution of an additional agreement to the employment contract.

At the same time, the employer has the right, including at the request of the employee, to introduce new information (last name and passport data) into the text of the employment contract by concluding an additional agreement to it.

Issuance of an order

Now it’s time to issue an order to change the employee’s surname. Again, the law does not establish any specific form for this order, so it can be drawn up at your own discretion. At the same time, Article 9 of Law 402-FZ provides mandatory details that must be contained in the order. Without going into details, we offer an approximate form of such a document:

LIMITED LIABILITY COMPANY "Romashka"

(Romashka LLC)

ORDER No. ______

on amendments to accounting documents in connection with a change in the employee’s surname

Moscow 02/12/2018

Based on marriage certificate X-XX No. 123456 dated January 15, 2018, issued by the Tushino department of the Civil Registry Office of Moscow, a passport of a citizen of the Russian Federation and a personal statement of the employee

I ORDER:

change the surname of the manager Maria Ivanovna Sidorova in the accounting documents to the surname of Petrov.

General Director /I.I. Ivanov/

The order can additionally indicate which of the personnel service employees is entrusted with its execution, and who should monitor this. The employee should be familiarized with the document and signed.

Additional agreement on changing the surname of an employee sample

Let's start with probably the most common situation, which, nevertheless, raises constant questions. We are talking about an employee (usually an employee) changing their last name. Obviously, in this case, it will be necessary to make changes to the personnel documentation, for example, to the employment contract, work book and personal employee card.

Based on the order, you also need to edit your full name in the work book, add changes to your personal card in T-2 format, time sheet and work schedule. There are quite a lot of varieties of extras. agreements, since the labor legislation of the Russian Federation requires the conclusion of such documents when changing any essential provisions of the employment contract, and the agreement is drawn up exclusively on a bilateral basis.

Correcting the last name in the work book

The employee should also make changes to the work book. The order is:

the old surname is crossed out with one line;
a new one is brought in nearby;
the flyleaf explains the reason for the correction with reference to the basis document.

This procedure is established by paragraph 2.3 of the Instructions from Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 and paragraph 26 of the Rules approved by Government Resolution No. 225 of April 16, 2003.

The page with the changed employee data will look like this:

The entry on the change of name on the inside cover should be certified by the signature of the specialist who made the changes and a seal (if any).

Make sure you know the new rules for certification of work records.

What other documents need to be amended?

First of all, you should pay attention to the employee’s personal card and make changes to it.

As in the previous document, the last name (or other personal data) is carefully crossed out with a straight line and new information is written on the same line. To ensure that there are fewer questions for the HR officer in the future, the basis document and its details are briefly indicated in the open space next to these changes. Such a record is certified by the signature of the person who made the adjustment. You must also indicate the date the information was changed.

It is convenient to make these changes in the additional information section of your personal card.

In addition, personal data must be changed:

in the time sheet (and calculation of wages, if this form is used), f. T-12 (13);
in the vacation schedule, f. T-7;
in personal account, f. T-54 (54A).

In small organizations, the functions of accounting and personnel services are often combined by one employee. In this case, it is advisable to remind the employee about the need for replacement:

pension certificate;
bank card details (if salary is transferred through a bank).

This is dictated by the importance of correctly submitting individual information to the Fund for an employee. An error can result in a refusal to accept reports and penalties for the organization.

Untimely payment of wages is fraught with conflict with the employee and the prospect of unscheduled inspections for the company.

The responsible persons of the company do not have the obligation to notify the social insurance and medical insurance funds of changes in personal data. There is no need to contact the tax office to obtain an updated TIN for the employee. Replacing a citizen’s personal data is not associated with changing his identification number.

Results

When an employee changes personal data, the responsibility for correcting information about him in documents rests with the HR department.
There is no clearly defined procedure for such adjustments in the legislation.
It is advisable to make changes on the basis of a citizen’s application with attached copies of the relevant documents: marriage (divorce) certificate, court decision, new passport, after the issuance of the manager’s order.
Particular attention should be paid to adjustments in the work book and the contract with the employee.
Corrections in any documents containing personal information must be made so that the information cannot be distorted when read and copied.

A little about responsibility

On the one hand, insurers are required to provide reliable information about their employees. On the other hand, the law does not directly oblige the employees themselves to inform the employer about changes in personal data . To avoid getting into trouble related to this incident, it is recommended to take certain actions in advance:

Establish in job descriptions, employment contracts or local acts the obligation of employees to report changes in last name and other personal data. For example, you can issue a Regulation on working with personal data.
In the documents from paragraph 1, indicate a specific period during which the employee is obliged to notify the employer of changes in personal data.
Familiarize the employee with these documents against signature .

If these three conditions are met, the employee can be held accountable for failure to fulfill the obligation to inform the employer about changes in personal data.

When a new employee joins an organization, you need to obtain reliable information from him about his name, address, passport details and education. It is also advisable to oblige him to inform the employer about changes in this data, for example, within five days.

Employment contract: changing the last name by additional agreement: sample

Based on the marriage certificate/certificate of change of name (underline as appropriate) _______________________________________ (number, authority and date of issue) and in accordance with order No. ___ dated “__”_______ ___.

There are some rules for making an application. It is drawn up in a fairly free form and in the hand of the applicant. It is important to indicate the addressee, that is, the head of the organization to whom the application with the request is sent. Regarding the manager, it is necessary to note the position he holds and the name of the company, after which the applicant indicates his personal data. When entering information about himself, the applicant must indicate his position and his initials, with a new surname. After this, the applicant writes the text of his petition. It is important to note the following important points:

the date from which these changes must come into force;
all documents that can attest to the changes made;
applications.

Don’t forget to also immediately give the employee an application for signature in form ADV-2 (approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p). This application is needed in order to begin the procedure for replacing the state pension insurance certificate.

Also, taking this opportunity, you can make changes to the employee’s time sheet, personal account or vacation schedule if necessary. In addition, the management of an enterprise or organization may decide to draw up documents to replace an employee’s bank card, his policy or health insurance. After changes are made, all documentation will reflect the essence of the changes made.

In accordance with Instruction No. 69 of October 10, 2003, corrections are made to the work book as follows: the old surname is crossed out with one line, and the new surname is entered next to it.

In connection with the change of surname that occurred after marriage (former surname Rykova, new surname Demina) and receipt of a new passport, I ask you to make the necessary changes to personnel and other documentation containing my personal data.

To add new information, it is not necessary to change the entire employment contract - it is enough to draw up an additional agreement, which will indicate the current personal data of the employee.

The preparation of the decree is carried out by the head himself or his authorized person dealing with personnel issues. If we are talking about large enterprises, then even an ordinary accountant from the personnel department or a secretary can be entrusted with drawing up an order. The fact of concluding a decree is entered in the order register.

There is a statement in the established form ADV-2. The document is used when changing the PF insurance certificate. There is a special form of the form and it was approved by Resolution of the Board of the Pension Fund of the Russian Federation No. 2p dated January 11, 2017.

Borrowing money is a phenomenon that is quite characteristic and widespread in modern society. It would be legally correct to issue a loan with subsequent documented repayment of funds.

The civil registry office issues a new birth certificate indicating the acquired surname. Regarding passport replacement, the migration service replaces the old identity card with a new one within 10 days.

Changing passport data in an employment contract based on the employee’s words is simply unacceptable. It is necessary to carry out some procedures based on new documentation and the employee’s application. He must provide the following package of documentation:

certificate of marriage or its dissolution, or a court decision (grounds for changing the surname);
new identity card;
statement.

The application does not have a standard form established at the legislative level, which means it must be filled out in free form. In order to avoid possible violations of labor laws, it is still recommended to draw up an additional agreement to the employment contract on changing the surname. Thus, the labor relationship between the manager and the employee will continue on a legitimate basis.

Regardless of whether the agreement has a serial number or not, it provides the basis or evidence that all employee documentation can be changed in accordance with the latest changes. After the document has been compiled, it is transferred for storage to a folder with the employee’s personal file.

When changing the employee's last name, the employer will have to correctly make corrections to the internal documentation.

Preparation of an additional agreement

If you carefully understand the meaning of Art. 72 of the Labor Code of the Russian Federation, then based on the fact that the terms of the TD remain the same, it seems that there is no need to adjust it.

Labor Code of the Russian Federation, Article 72. Changes in the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

But life shows that in practice, both an order and a change in the TD in the form of an additional order are still needed. agreements.

An additional agreement to the employment contract on changing the surname must be prepared in 2 copies. (one each for the employer and employee), and its number is the serial number of additions to the TD. If this is the first, then its number will be No. 1 to TD such and such from such and such a date.
In the text, indicate that clause such and such in the TD should be stated in the following wording: and repeat this clause from the TD, entering new personal information. Date add. the agreement is required after the date of issue of the order.
Signature for additional the agreement should be one of the first managers of the enterprise, since such a document is actually on the same level as the TD.

If immediately after receiving an application from an employee who has changed his passport to a new surname, you carry out this entire chain of actions, correcting all personnel and accounting papers, then there will be no confusion , and not a single inspector will be able to blame the personnel officer and accounting for incorrect documentation.