The initial filling out of the work book is carried out by the employer or his authorized person at the first workplace of the document owner. This does not cause any particular difficulties, but sometimes the human factor plays a role. The title page is filled out based on the documents submitted by the employee. It happens that a personnel officer makes a mistake in personal data. Correcting the date of birth in the work book should be carried out according to generally accepted rules.
All entries must be made in legible handwriting, copying the data letter by letter. Any abbreviations are prohibited in the work book; numbers must be in Arabic.
The first page contains personal information about the employee, education, specialty, qualifications, rank and military service. After filling out the work book, the employee must review the data and confirm the compliance of the information. After this, the personnel officer puts a personal signature and seal of the organization.
How to fix
Maintaining work books in Russia and correcting errors in them is carried out according to the rules established by the Government of the Russian Federation (Resolution No. 225 of April 16, 2003 “On work books”) and instructions of the Ministry of Labor (Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, paragraph. 2.3 and 2.4).
New work book
If the HR department employee filling out the work book mixed up the employee’s birthday or made another mistake when filling out a new work book for the first time, this cannot be corrected or changed in the same document. Instead you need:
- take a new form and fill it out correctly;
- write off the old form in accordance with the procedure established by law.
Typically, the cost of purchasing a work book form is borne by the employee entering the job. However, if the form is damaged due to the fault of the employer, it is he who pays for the purchase of a new form.
Expert opinion
Labor Lawyer Olga Smirnova
The number must be cut out from the damaged document and the form itself must be disposed of. An authorized employee of the employer draws up a document damage report. You must paste the number of the damaged form into it. Also, the corresponding entries must be made in the book of accounting for forms of work books and the book of accounting for the movement of work books and inserts in them.
If there are entries in the labor record
In cases where an error in a birth record is revealed in a work book that is already in use and contains work records, such an error must be corrected in the following order:
- erroneous information about the date of birth on the title page must be crossed out with one line. Strikethrough text should be readable despite the line crossing it.
- Enter the correct data next to it on the same page;
- on the back of the cover you need to indicate the reasons for entering the data - the number and date of the employee’s document (usually a passport). The employee who made the entry must sign next to it and put the seal of the HR department or organization.
general information
Your work record is an important document that includes information about your work experience for all years of work. It must be handled with care. This applies to both employees and employers, as well as directly to personnel department employees.
All fillings made in the work book must be clear and concise . The same applies to making changes.
True, there are special rules for this process that have been developing over the years, which are used by personnel department employees to make various kinds of changes.
The reasons for changing the data in the work book can be completely different.
Some changes are associated with marriage and a change of surname, some changes are expected as a result of divorce, disclosure of the secret of paternity, or simply a banal change of initials.
One way or another, such cases happen everywhere and entail certain actions that are mandatory for everyone.
If the previous employer made a mistake
When the work book was filled out by the employee’s current employer, making changes to it does not raise any questions. However, the employee could change jobs and only then notice an error in the date of birth.
The law does not establish any special rules in this regard. Accordingly, the current employer will be responsible for the correct maintenance of the document. He must correct the date of birth on the title page.
There is no need to request any documents from the previous employer. The employee’s birthday is indicated on the basis of his personal documents (passport), to which the previous employer has no relation. The courts adhere to the same point of view (see, for example, the appeal ruling of the Moscow City Court dated September 14, 2012 No. 11-15938/2012).
Who can contribute
Persons who are vested with the appropriate powers by the head of the organization have the right to make corrections (paragraph 2, paragraph 45 of the Resolution). Typically, such issues are dealt with by a HR specialist.
Employers who are individuals and are not duly registered as entrepreneurs (paragraph 3, paragraph 3 of the Resolution) do not have the right to make corrections, as well as issue new Labor Codes to citizens who have not previously worked and submit a notice of employment/dismissal.
Other employers, including individual entrepreneurs, are required to make corrections as soon as they become aware of them.
Responsibility for non-compliance with the rules
Making changes to the date of birth entry in violation of established rules may result in administrative liability for the employer under Article 5.27 of the Code of Administrative Offenses of the Russian Federation “Violation of labor legislation.” Liability under this article is established in the form of administrative fines in the amount of up to 50 thousand rubles (20 thousand rubles if the employer is an individual entrepreneur). In some cases, the employer's employees who committed a violation may also be held administratively liable.
However, the law does not establish liability directly for an error in the date of birth, provided that the employer was able to correct it in the proper manner.
We hope you found this article helpful. We recommend that you further consult with a lawyer regarding your issue. The general information about the rules of law provided in the article may not take into account the specifics of each specific case. Also pay attention to our material on other changes to work records.
Litigation
Litigation may occur if the employer violates the rules for maintaining or recording labor codes.
In this case, liability will arise under Art. 5.27. or 13.20. Code of Administrative Offences. The maximum punishment under Art. 5.27. – a fine of 50,000 rubles for legal entities (for repeated violations – 70,000 rubles).
So, if inaccuracies or errors are identified in the Labor Code, a citizen needs to contact the employer at the new or old place of work as soon as possible.
If the full name or date of birth changes, corrections are made on the title plate; if the information about the reasons or date of hire/dismissal is incorrect, the incorrect PO is canceled and new, correct ones are entered.
Making changes and corrections to the work book
The surname was changed to the surname “Ivanova” in connection with marriage (marriage registration certificate MV No. 123456 issued by the Civil Registry Office of the Gagarinsky District of Moscow on November 1, 2006) Inspector o/k (signature, seal) The surname was changed to the surname “ Preobrazhenskaya" in connection with a divorce (divorce certificate MV No. 123456 issued by the Civil Registry Office of the Gagarinsky district of the city.
Moscow 02/01/2007) Inspector o/k (signature, seal) Last name changed to the surname “Mukhamedzhanova” due to marriage (marriage registration certificate MV No. 123456 issued by the Civil Registry Office of the Gagarinsky district of Moscow on 02/01/2009) Inspector o/k (signature, seal) EMPLOYMENT BOOK TC No. 1234567 Preobrazhenskaya Mukhamedzhanova Last name Preobrazhenskaya Ivanova First name Gertruda Patronymic Prokofyevna Date of birth 12/01/1973 Higher professional education Profession, specialty engineer Date of completion October 3, 1993
In what cases should you change your date of birth?
The most common and natural reason for changing the date of birth is a mistake made by the personnel officer when issuing a work book. Such inaccuracies are usually identified when the document is initially filled out. In this case, it is more advisable to recognize the form as damaged and re-issue the work book. If the book already contains work records, especially if the employer changes, appropriate changes should be made.
In rare cases, the need to change the date is caused not by errors in its writing, but by external reasons. An incorrect date may be indicated in the employee’s passport and even registered when registering a civil status act (person’s birth). From Art. 70 Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status” it follows that in relation to the date of birth, an incorrect entry during state registration can be made as a result of:
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- made a spelling mistake;
- providing incorrect information (for example, based on an incorrect date indicated in the certificate issued by the maternity hospital).
For example, in the event of destruction of archives and documents during war or hostilities and the death of parents, the date of birth of the remaining child may be indicated approximately, and subsequently evidence is discovered confirming the real date of birth. When adopting, in order to maintain the secrecy of the adoption, it is allowed to indicate the date of birth within three months before or after the actual birth. Under certain circumstances, a person may need to establish the true date. There may be other unusual cases.
The grounds for changes in civil registration records in relation to the date of birth are:
- conclusion of the registry office on making corrections;
- the court's decision.
The employee may not correct the data in the passport, which may result in inconsistencies in the documents.
Procedure for making changes to the date of birth
Changes to the date of birth in the work book are made by crossing out the incorrect one and indicating the correct one.
The certification inscription is made on the inside of the cover of the work book. The inscription includes:
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- content of the changes made (the date “__”_____ ___ was changed to the date “__”_____ ___);
- the basis for making changes with details (passport indicating the series, number, date of issue and issuing authority);
- full name of the position of the person responsible for maintaining the work record book;
- signature with decoding (last name, initials) and seal impression.
Responsibility for maintaining work records rests with the employer. Any inaccuracies and errors made when drawing up a document can lead to negative consequences for both the employee and the enterprise (organization). Correct maintenance of work records is the responsibility of the HR department.
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In the event that an organization is reorganized, the correction must be made by its legal successors. If a mistake was made by an individual entrepreneur, but his activities are terminated in accordance with the law, then the real employer can correct the discrepancy. It is very important that the work book is filled out correctly. Otherwise, a person may have difficulty receiving a pension. All revisions must comply with legal regulations and requirements. How to correctly make an entry in the work book about an incorrect date of birth? To correct the error, the employee must provide the employer or his authorized representative with a passport and birth certificate. Under no circumstances should you make entries in the work book yourself. Only a human resources employee or employer has the right to correct an incorrect date of birth.
Features of correcting the date of birth in the work book
A link to a change made to the title page can be shown like this:
- “The surname was changed to the surname “Egorova” on the basis of...”
- “The surname “Ivanova” was changed to the surname “Egorova” on the basis of...”
The first recording option is preferable when the surname is changed for the first time, the second - when the surname is changed not for the first time or when, after a divorce, a woman again changes her surname to the one she had before marriage (example 1). In the title page of the work book of the 1973 model, three lines were allocated for entering the employee’s last name.
The new surname is entered in a free line, while the previous surname should also be crossed out, which is sometimes not done by inexperienced personnel service workers (examples 2 and 3). Example 1 Change of the employee’s last name in the title page of the work book of the 2003 model.
