Entry in the work book about a change of surname: sample 2021

The legislative framework

Most often, a change of surname is made 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. Therefore, it is quite logical that 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.

Two by-laws establish the form and procedure for maintaining the Labor Code:

• Rules of conduct, they are approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as simply the Rules);
• Instructions on the procedure for filling out were approved by Resolution of the Ministry of Labor of the Russian Federation on October 10, 2003, number 69 (hereinafter referred to as the Instructions).

Based on paragraphs. “a” clause 9 of the Labor Code Rules necessarily contains 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.

Adjustments to employee information are made in accordance with paragraphs. 26 and 2.3 Instructions.

General civil documents

You should remember the need to replace or adjust general civil documents that may be required when carrying out real estate transactions (sales, rentals) and other legal actions (registration at the place of residence or temporary stay, payment of utilities, etc.).

Passport

If the surname changes, the passport must be replaced1. Documents must be submitted no later than 30 days after the change of name to the territorial body of the Ministry of Internal Affairs of Russia (documents can be submitted through the MFC). If a citizen applies at his place of residence, a passport is issued within 10 days, if not at his place of residence - within 30 days from the date of acceptance of the documents by the Ministry of Internal Affairs2. For untimely replacement of a passport, a fine of 2 thousand to 3 thousand rubles is provided, and in Moscow and St. Petersburg - from 3 thousand to 5 thousand rubles. 3

When replacing a passport, marks and entries about previously issued passports are entered into the form4. Unfortunately, there is no resource that allows you to accurately identify a person in accordance with the new surname. This is possible only on the basis of all the documents provided by him, therefore the only way of such verification is the presence of a stamp on previously issued passports in the new passport. Providing information from civil registry offices to unauthorized bodies and third parties is not permitted5.

SNILS

When making real estate transactions, it is necessary to indicate SNILS in the application for acceptance of documents. This number does not change throughout your life. A new SNILS is not issued after a last name change6. However, in order to comply with pension and labor legislation, a person is obliged, in the event of a change of surname, to transfer new information to the Pension Fund of the Russian Federation7.

Electronic digital signature

Real estate transactions can be made using an electronic digital signature (EDS). The obligation to replace the digital signature in connection with a change of surname is not established by law. But information about the surname is information identifying the owner of the digital signature. And the certification center issuing the digital signature is obliged to ensure the relevance of the data contained in the register of certificates8. Therefore, in the event of a change of surname, the owner of the digital signature must familiarize himself with the documents of the certification center (regulations, agreement, etc.), which most likely refer to the obligation to notify the center about changes in data and change of surname as a basis for replacing the digital signature.

(Criminals often use an electronic signature to change the owner of real estate without his knowledge or to issue a loan in someone else’s name. To learn how to protect yourself from fraudulent activities, read the articles “Will the new law prevent scammers from taking real estate from its owners?” and “What will prevent scammers can take a loan in your name or take away your property”).

Powers of attorney

According to the law, a change of surname is not grounds for termination of powers of attorney issued on behalf of a person or in his name9. The ownership of the power of attorney can be confirmed by a new passport with the number of the previous passport indicated in it or documents on the basis of which the surname was changed (for example, a marriage certificate).

But in practice, some companies and citizens refuse to enter into transactions, and government agencies do not accept documents based on powers of attorney that contain outdated data. For example, the buyer may refuse to purchase real estate sold under such a power of attorney, the registration authority may suspend the registration of the transaction, and the court may leave the statement of claim without proceeding. To avoid such problems, it is recommended to change powers of attorney.

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 can be corrected if there are reasons and documentary evidence for this. The reason, for example, may be a change of surname due to marriage, as well as spelling errors. As for documentary evidence, they can be a marriage certificate, passport, birth certificate, certificate of change of surname or name, divorce and other official documents.

Changes are made by the employer at the last place of employment. 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.

According to paragraph 31 of the “Rules for maintaining and storing work books, producing work book forms and providing them to employers,” a duplicate of this document is issued if its original is lost. In other cases, appropriate changes are made to it.

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

The manager’s decision must be formalized with an appropriate administrative document: an order.

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

How to write a statement about the need to correct your full name.

The employer makes an entry about the change of name in the work book (in the case of maintaining a work book, part 2 of article 2 of the Federal Law of December 16, 2019 No. 439-FZ). To complete the registration, the organization requests the employee to submit a written application requesting changes to the records. No approved sample available. The format of the appeal is arbitrary.

The application includes the following information:

1. Name of the employing institution, position and full name. leader.
2. Position and full name the employee who applied.
3. Date the request was submitted.
4. In the middle of the next line is the word “statement.”
5. The text of the request is set out below.
6. After the text, the employee signs and deciphers it.

The application for change must be accompanied by supporting documents.

Entry in the work book about a change of surname

When changing the surname, the corresponding entry is made 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 changes puts his signature and transcript, as well as the seal of the organization.

Separately, it is worth noting that it is recommended to make amendments compactly, because they can be made more than once, since the surname in the work book often changes after marriage. 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

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

Does your medical record change when you change your last name?

In accordance with the provisions of current legislative norms, citizens of the Russian Federation, having changed personal data, must replace all documents containing old information. However, for some documents such a legal requirement is mandatory, and for another part it is advisory. Thus, SNILS, a foreign passport, a driver’s license, a vehicle registration certificate, a compulsory and/or additional health insurance policy, a Taxpayer Identification Number (TIN) and, in the case of marriage occurring during the period of study, also a record book with a student ID are subject to mandatory replacement.

At the same time, when changing a surname, an optional procedure is the replacement of documents such as a work and health record book. What should I do to ensure that documents issued under a premarital name are considered valid? Every time this is required, you will need to present a marriage certificate as a document confirming that the premarital surname has changed for good reason. The above makes it possible to draw a conclusion and get an answer to the question of whether it is necessary to obtain a new medical book form - according to the law, a replacement is not required. The document with old personal data remains valid until it is completely filled out, and only its owner decides whether to change the medical record when changing the surname after marriage or not! In this case, the employer has no legal grounds to insist that the medical record needs to be changed, but can only recommend doing so in order to avoid possible misunderstandings with regulatory authorities.

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 a personal card, old data can be crossed out and current data can be entered, or a page form from the card with new information can be printed, and a mark indicating its replacement can be placed on the old sheet. The date of renewal, details of the basis document, information about the person making the amendments, and his signature and seal must be indicated. If there is not enough space, information can be specified 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 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 may be subject to disciplinary action. In this case, the employee must be familiarized with such documents against signature, that is, he must be aware of such an obligation.

Application for change of surname