An employee changes his last name: how to formalize changes in personnel documents

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/

The procedure for state registration of changes

After submitting the application to the registry office, the stage of its consideration begins. This period lasts 1 month from the date of submission. Civil registry office employees request copies of civil status records where they will need to make changes. These documents, with which work will then be carried out, are located in the places where they are stored. This may be another city or region where the applicant previously lived.

If the registry office employees refuse to change the name, then the reasons for the refusal must be communicated to the applicant in writing.

If the changes are approved, the applicant is issued a certificate of name change. This paper includes the following information: full name before and after the change, date, place of birth, citizenship, nationality and details (record number of the act of change of name, place of registration, date of issue of the certificate).

In addition, the documents sent to the registry office (certificates of marriage registration, birth of children, etc.) with new data are returned to the person.

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.

To whom is it issued?

The document is issued to the person in whose name the application for its receipt was issued. On the day of issue, the citizen must have with him a passport and a receipt that will certify payment of the state fee. With the help of a passport, employees of the registration authority will be able to confirm that the documentation is being collected by the same person who ordered it.

In some cases, if a citizen cannot pick up a document in person, he can use the services of a trusted person. If another citizen comes for a certificate, he must have a notarized power of attorney with him.

If the paper is issued in the name of a minor or incapacitated person, one of the parents, guardian, adoptive parent or trustee can pick it up.

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.

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 the personal card, the old data is crossed out with one line and the current ones are entered. It is permissible to print out a blank page from the card with new information, and put a mark on the old sheet about its replacement. The date of renewal, details of the basis document, information about the person making the amendments, signature and seal must be indicated. If there is not enough space, information is indicated 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.

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:

1. 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.
2. 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.
3. 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.

Archive transcript

If a citizen needs an archival certificate, he will have to contact the institution where the fact of changing the initials was registered. If a citizen does not have this opportunity, the request should be sent by mail.

In this case, you should use a notification letter, to which you should also attach a receipt regarding the state fee.

To receive the paper, you must indicate in your request which registry office it should be forwarded to. When everything is completed, the citizen will need to come to the appropriate institution and pick up his document.

Additional adjustments

If personal information changes after the wedding, the employee is required to notify the employer. The HR department must prepare a resolution and make appropriate adjustments to the accounting documents:

1. Employment history. On the first page, the old surname is crossed out with a horizontal line. The new one is indicated at the top. On the inside cover there is a note: “The last name has been changed to _____, based on the certificate, series___№____.
2. Journal of the movement of work books.
3. Form T-2 of the employee’s personal card.
4. Private bussiness. A photocopy of the marriage certificate and passport is filed with the case materials.
5. Employment contract. It is necessary to draw up an additional agreement indicating the changes and
6. Pension insurance certificate. The document is issued by the Pension Fund. A SNILS can be ordered by the employee himself or an employee of the enterprise’s human resources department.
7. Employee's bank card. If the salary is transferred by bank transfer, the accountant must receive updated card details. The employee needs to contact the bank branch at the place where the account was opened and receive a new card, taking into account the new passport data.

The head of the HR department should be aware that the employment of one employee under different names is a violation. If the data in the accounting documentation is not changed in time, the employee will lose sick leave benefits and will not be able to correctly register leave. Timely recording of changes in personal data is prescribed in the job descriptions of the HR department.

Document elements

At the top of the order is written the full name of the organization whose head is signing the document. On the sheet below is the order itself with its number and name. On the left is the city, on the right is the date of adoption. After the input data, the essence of the order is located.

The first part is motivation. It is written down on the basis of which specific documents the order is issued, their numbers and dates are indicated. The classic option is the employee’s latest passport, his application plus a marriage certificate.

The following important additions are mentioned in the order:

• The date from which all constituent documents of the organization must contain the new surname of the employee.
• Full name of the HR employee (accounting or any other department dealing with personnel issues) who is responsible for the change and notifying the accounting department about the changes.
• Information that changes need to be made to settlement documents.

In practice, confusion often arises with settlement documents. An employee may not be paid wages on time due to the fact that he goes under a different name.

At the end of the order there must be a signature of the head of the institution indicating his position and a transcript.

Consideration of the application

From the date of submission, the application to change the surname is considered within a month.

If there are valid reasons, the time period may be doubled. During this time, the spouse may well change her mind about changing her last name, notifying the registry office about this and withdrawing the application.

After the expiration of the period established for consideration, the spouse can apply to the registry office for a certificate of change of surname. Having received it, the woman is obliged to change a number of documents:

• Russian and foreign passport;
• Driver's license;
• Health insurance policy;
• SNILS.

When changing a surname, the following cannot be replaced :

• TIN;
• Employment history;
• Diploma of education;
• Documents confirming the ownership of any property.

Medical examination of persons entering into marriage occurs at the personal request of the future spouses. How much does it cost to conclude a marriage contract with a notary? Read more about this here. In some cases, a child’s surname can be changed even without the father’s consent. Under what conditions is this possible, read our article.

Is the exact form required?

There is no approved form for this order. The law provides only requirements for the paper that will be published on this occasion. And the most important of them is the content of the details of those primary documents that served as the basis. This is directly stated in the ninth article of Law No. 402-FZ of December 6, 2011.

Thus, an order can have any form. The main thing is that it expresses the meaning of the order and has documentary grounds. In this case, you need to be guided by GOST R 6.30-2003. Organizational letterhead is ideal for printing this document.