The procedure for changing a surname in a work book - sample

An entry in the work book about a change of surname is a mandatory procedure for working with personnel documents. Let's consider who should make changes to employee information and how.

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. According to 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.

If an employee changes his last name, appropriate adjustments must be made to personnel and accounting documents, including the work book and personal card, as well as to the contract.

The procedure for correcting personal data is quite simple, and it must be done without fail, otherwise in the future a person may have questions about the assignment of a pension, even challenging the right to receive security from the state. We will analyze in detail the procedure and give an example of how to change the last name in the work book.

Is it necessary to replace a work book when changing your last name?

Changing personal data is not uncommon. Most often this happens due to marriage or divorce. Such events encourage Russian citizens to take on a new surname or return to the old one. It often happens that the surname has to be changed for some other reason: for example, because it is dissonant or if it is spelled incorrectly in the passport and the latter is not wanted to be replaced.

Changing the last name in the work book: sample 2021

Article current as of: August 2021

The employer or the employer's personnel service may be faced with the need to change the surname in the work book after the employee's marriage. This process most likely will not cause you any big problems. However, when making appropriate changes, you must follow the established rules. Let's look at them.

Changing the last name in the work book

A change of surname upon marriage is confirmed by a marriage registration certificate. This follows from Article 30 of the Federal Law of November 15, 1997 N 143-FZ.

A citizen’s passport contains, among other things, information about his last name. A change in surname entails a mandatory replacement of the passport (see paragraphs 4, 12, 15 of the Passport Regulations, approved by the Government of the Russian Federation on July 8, 1997).

It is generally established for all employers (with the exception of individuals who are not entrepreneurs) to fill out work books (hereinafter also referred to as Labor Books) for their employees.

The form and procedure for maintaining this document are enshrined in two regulatory legal acts:

Rules for maintaining the Labor Code, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules);
Instructions for filling out the Labor Code, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (hereinafter referred to as the Instructions).

Based on subparagraph “a” of paragraph 9 of the Rules, the Labor Code contains, among other things, information about the employee’s last name, which is entered in the specified document in accordance with his passport. Therefore, when changing the last name in an employee’s passport, similar changes must be made in the document in question about work activity.

The corresponding change of name in the work book is made in accordance with paragraph 26 of the Rules and paragraph 2.3 of the Instructions.

The specified legal acts provide the procedure and basis for such changes.

Filling out a work book when changing your last name (sample)

The basis for such changing actions is a passport, as well as a marriage certificate (or, if the surname changes to the same after the divorce, a certificate of divorce) and other documents. In this case, the work book must contain a reference to the details of these documents, namely the number and date.

How changes are made

In any case, the procedure begins with a citizen’s application to the civil registry office, which must issue a certificate certifying the fact of a change in the applicant’s personal data. Next, the surname is changed in the work book based on the passport.

There are two circumstances that must be taken into account before making changes:

The employer with whom the citizen is employed at the time of the last name change must enter new data;
the new employer receives the right to carry out the procedure if the previous enterprise for some reason did not make an entry in the work book.

Employee actions when changing personal data

The process of entering new information into the work book begins with the employee preparing a small package of documents and writing a corresponding application. All other actions will be performed by the company's HR department.

When should documents be submitted?

As for the time frame that an employee of an enterprise must comply with, the law does not prescribe any clear restrictions. Accordingly, the employee is not subject to any fines or other sanctions.

But you need to clearly understand that providing reliable information to the HR department is necessary not only for maintaining the employee’s personal card, but also for deducting taxes and issuing wages. Therefore, we can conclude that the message about changing the surname as soon as possible is rather a necessity for the employee himself.

Package of documents

In order for the personnel officer to have the opportunity to change the last name in the employee’s work book, the latter must provide the documents required by law confirming the change of personal data.

As stated in paragraph 2.3 of the Instructions for filling out work books, a record of a change in personal data is made on the basis of the following documents:

Passports.
Certificates of marriage/divorce.
Birth certificates.
Certificates of change of first name, patronymic, last name.
Other documents that can confirm the fact of change of personal data.

Application for change of surname

There is no reason to say that the question of how to write an application to change your last name at work is difficult.

The application form is free, it is written by hand, and has the form of an appeal to the head of the company with a request to make the necessary adjustments to the documents confirming the employment relationship between the employee and the employer.

Next, you should definitely list the list of documents that are attached to this application and serve as the basis for making a record of changes in data. At the end of the application, you must definitely put a signature and the date of its preparation.

To find out more about changing your last name, follow the link to our article.

Reasons for changing your surname

Most often, the change of personal data is associated with the activities of the civil registry office.
Thus, women change their surname when getting married, or return their maiden name when annulling it. In some cases, both spouses change their surname at the same time - they take a double one and again return to the premarital options in the event of separation. Another reason is due to the citizen’s own will. By law, any Russian over the age of 14 can do this with the consent of legal representatives (parents or guardians) or without it upon reaching adulthood. A minor’s personal data may be updated as a result of adoption.

Regardless of the reason, information confirming employment will need to be updated: a corresponding entry will appear in the book, and an additional agreement will be drawn up and signed to the employment contract. The following will also be adjusted:

employee personal card;
documentation on his personal accounts;
personnel and accounting forms containing individual data of the worker.

Each adjustment of personal data can be made only on the basis of registration documents about the change: marriage certificate, divorce certificate, certificate of change of surname, first name, etc.

What should the employer do?

As soon as an employee applies to change personal data, the HR department employee is obliged to make the necessary changes in all internal documents of the company. In this case, the authorized personnel officer is obliged to check the availability of evidence on the basis of which appropriate changes will be made.

In addition to the fact that the employer is obliged to correct the information in all papers within the enterprise itself, he still has to re-issue a certificate of compulsory social insurance for the employee and report the change in personal data to the Pension Fund.

Order for amendments

To change the surname in the work book after marriage, you must wait for an order that will be issued based on the application submitted by the employee. Like all documents of this nature, the order must certainly be registered and entered in a special journal under the registration number assigned to it.

In such an order, the head of the company instructs the human resources department to ensure that the necessary changes are made to all internal papers of the company. The order must indicate the documents that were presented as the basis for replacing personal information.

Which documents require changes?

The HR department employee should remember that personal data is considered to be information included in the personnel and accounting documentation of the enterprise. Therefore, as soon as an application is received from a company employee, the information in the following documents should be corrected:

employment history,
employment contract,
personal card,
personal accounts,
labor document record book,
any other accounting and personnel documents containing personal information about the employee.

Entering new data into your personal card

There are different ways to correct a surname due to marriage in an employee’s personal card. The most common option is to cross out the old surname and write a new one next to it. At the same time, the name of the document that served as the basis for entering the data and its details are indicated on the inside cover. The HR department employee puts his signature and seal under this entry. The date the changes were made is indicated next to it.

Sometimes personnel officers print out a form page with new data, and leave a note on the old one to replace it.

Labor Agreement

Along with the question of how to change the last name in the work book if you got married, you also need to understand the employment contract. Not all personnel officers are unanimous in the opinion that when changing personal data, it is necessary to sign a new document or draw up an additional agreement to it.

But some experts still insist that an appendix to the main text of the agreement must be drawn up. The basis for such action is Article 57 of the Labor Code of the Russian Federation. It states that the law allows editing the text of the contract, but only for the purpose of introducing missing information into it. There is no talk about writing changed data to it. It is for this reason that, in order to avoid misunderstandings, it is best to draw up an additional agreement to the employment contract - with the new personal data of the employee.

Correcting information in the work book

Making changes to the work book when changing your last name after marriage or after divorce, as well as for other reasons, has the same procedure, which must be followed by an authorized personnel service employee.

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 paragraph.

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:

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.

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.

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.

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

Order to change the name in documents

How to record a new surname

The employee’s personal data is indicated on the title page of the work book. The instructions for filling it out contain specific instructions on how to record a change in personal data:

all changes are made to the title page - where the previous personal information is indicated;
the surname that is subject to change must be crossed out with a neat, even line. Next to it you need to make an entry in your employment record with new relevant information;
On the inside cover, the personnel officer makes a note about the reasons for the changes made. In particular, we are talking about entering data about the document that served as the basis for this. For example, a marriage or divorce certificate. It is necessary to indicate the type of document, its series and number, and date of issue.

In fact, the law does not prescribe where exactly on the title page the new entry should appear. In practice, it is placed where there is free space. This can be above the crossed out name, below it or next to it. Any of the options is not denied by law.

A record of a change of name must be certified by the signature of the head of the personnel department or the person in charge, and the company’s seal is also affixed here.

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.

If you have to return to your previous surname during a divorce

There are no special differences in the process of making a new entry in the work book after marriage or after divorce. All that needs to be done is to include in the package of documents a certificate confirming the fact of dissolution of the marriage.

As for the order of changing data, it looks like this:

The HR employee carefully crosses out the previous name.
Enters a new one.
On the back cover there is a note that the surname has been changed based on the divorce certificate. Next, the details and date of issue of the document are indicated.
This record is signed and sealed by an authorized employee.

What to do if you remarry

It happens that a marriage is concluded several times with the same person: that is, first the citizens got married, then divorced, then got married again. Do not forget that all three procedures require changes to be made in documents, unless, of course, they are all accompanied by a change in personal data.

So, the algorithm of actions on how to correctly enter a record of a change of surname in the work book upon remarriage will look exactly the same as in the two previous cases. This means that the application will need to be accompanied by a certificate of a new marriage and a passport with changed personal data. Next, the personnel officer acts according to the above scheme.

Actions of the employee when changing the surname

The instructions of the employee who changes his data imply the need to independently notify management - to provide an application for making changes to the accounting documents. The application header will have a standard form: Full name and position of the manager, information about the company, Full name and position of the employee.

You may be interested in: How to properly prepare an insert in a work book?

The text of the application for a change of surname: “In connection with ... and the change ... I ask you to make appropriate changes to the accounting documents.” Enclosed are copies of supporting documents and a copy of the new passport.

Based on the application, the manager issues an order addressed to the service responsible for personnel work.

Correcting incorrectly entered data

The instructions for filling out work books, unfortunately, do not contain clear instructions on what to do if erroneous data was entered into the document. If you are registering a document for the first time, there will not be any special difficulties, because the book can be destroyed and a new one can be created. In this case, the employer pays for the replacement of the form.

But what should the actions of a HR employee be if the document contains records from other enterprises? In this case, it is necessary to enter new data about the changed surname with the note “instead of the erroneous one.” All this also needs to be sealed with the signature of a personnel employee and the company’s seal.

If errors were discovered that were made at a previous place of work, then, according to Decree of the Government of the Russian Federation No. 225 of April 16, 2003, corrections must be made by the employer for whom the employee currently works.

This can be done on the basis of official paper from the previous place of work. If the company was reorganized, then from its successor, but if liquidated, then on the basis of a document certifying this fact.

Procedure for changing a signature

Very often, a change of surname entails some changes in the style of its owner’s signature. It is quite logical that using the old option, which contained the initial letters of the previous personal data, does not make any sense.

In this case, the law does not in any way infringe on the rights of citizens, who can dispose of their strokes as they please. But do not forget that a signature is not only our personal distinctive sign, it is also confirmation that we have signed documents. Therefore, if you have changed your signature along with your last name, the HR department employee must take a new sample of it.