Changing the last name in the employment contract 2021

Procedure

To make changes there must be reasons that are supported by documents.

The documents must be provided by the employee himself. List of required papers:

New identification document.
Marriage certificate or other documents confirming the changes.
A statement indicating a request to change personal data.
Form ADV-2.

Instructions:

The application is written by hand in any form.
The header indicates the name and position of the manager, as well as the name of the company.
Next, the applicant's name and position are recorded.
In the middle of the sheet, on a new line, write the name of the document (“Application”).
Next comes a request to change personal data, indicating old and new information.
Then you need to register all the attached documents.
Sign and date below.
Accordingly, in addition to the entry, it is necessary to attach all documents to the application (copies of passport, copies of marriage registration certificate or other documents). You must take the originals of all documents with you.
By checking the originals and copies, the authorized employee will affix stamps and his signature.
Next, they will accept the application and assign it a serial number, if this is provided for by the internal regulations of the organization.
Regardless of the assignment of the number, the application with the attached documents serves as the basis for changing all documentation.
After changing the data, the application is placed in the employee’s personal file.

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.

The application document contains the following information:

Necessity of agreement

Any changes about the employee must be made in a timely manner in the employer’s documentation, since data discrepancies in the future will make it difficult to identify the individual.

Receiving wages from a cash desk or from a banking organization will become a real problem. The HR Inspector should be responsible for recording new information about the employee.

According to Article 57 of the Labor Code of the Russian Federation, changes in the name entail amendments to the employment contract.

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 must be addressed to the head of the organization, after which information about the applicant himself must be indicated. It is necessary to take into account the fact that while an employee with old data is working at the enterprise, any messages to the HR department must come specifically from him.

The application does not have a standard form established at the legislative level, which means it must be filled out in free form. The request itself includes something like the following phrase:

“Please change my last name from ... to ... in all documents containing my personal information.”

After which you need to put a date and signature.

The signature must look the same as in the old passport, even if the citizen decided to use a new signature in the new identity card.

Below is a list of documents attached to the application. In some cases they may differ, but, as practice shows, these are photocopies of the passport and marriage certificate.

How is an order drawn up?

All current documentation, including the preparation of orders, is handled by an authorized employee of the HR department in the organization.

In large enterprises, this employee is the inspector of the personnel department, but sometimes these duties are assigned to an accountant or secretary. There is no established form of the order at the legislative level, so it is issued in free form.

The order contains the following information:

Company name.
Title of the document in capital letters (“ORDER”).
Document number and date.
“Based on the documents received from such and such an employee (full name and position), I order that personal data in all documents be changed on time (and a specific date of execution is indicated), as well as:
make adjustments to timesheets, personal accounts, and vacation schedules;
make all changes to the employee’s work book;
make all changes to the employee’s personal file (card);
complete the necessary documentation to replace a bank card and compulsory health insurance policy;
in the future, keep all documents taking into account changes”;
appointment of a responsible person, indicating his full name and position.
At the end, the current date and signature of the authorized person are affixed.

Pension fund certificate

In addition to the fact that due to changes in the employee’s documents, an additional agreement to the contract is drawn up, the changes also apply to the accrual of funds to the pension fund. That is why it is important to draw up a special form to make changes to the pension fund certificate. This document must comply with certain standards in accordance with the law. This form contains the following personal information of the employee:

personal insurance number;
both previous and new surnames, first and patronymic;
citizen's gender;
Date and place of birth;
registration address and actual place of residence;
contact details, phone numbers;
passport series and who issued it;
citizenship of the official;
The form contains the date upon completion and signature.

Although drawing up these papers does not require much time, it is important to pay attention to extreme concentration, because on the basis of the application an order will be made to make and enter into force certain changes.

An authorized official from the HR department draws up an order for the adoption and entry into force of changes. If we are talking about a large enterprise, then the inspector of the personnel department usually deals with such issues. However, often the same work can be performed by an accountant or secretary. The order form is drawn up in a free form. The following information is required:

Name of the organization;
order number;
the number by which the order is drawn up;
last name, first name and patronymic of the employee from whom the application was accepted;
name of company;
new data that is subject to adjustments.

Changes to personal data should take effect within four or five days. The content of the order must necessarily contain information that a decision is being made on the fact of drawing up an additional agreement to change the surname of a certain employee and that these adjustments must be made to his work book or personal card.

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. When drawing up an order, management must indicate the authorized person who will deal with this process. The order must indicate the position of the manager and the order itself must be certified by his signature.

The procedure for changing an employee's last name in personnel documents

The reasons why citizens change their last name are very different. Most often, of course, the reason for this is marriage, after which the spouse, and sometimes the spouse, takes the surname of their life partner.

Less common are cases when a person does not like his last name and decides to change it to one that, in his opinion, sounds better. Be that as it may, any changes cannot be ignored, since otherwise his cooperation cannot be documented, which cannot have a legal basis.

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Correction of changes occurs in a certain order. In order to begin the process of making adjustments, the employee must have the necessary documents, after which he will be able to personally contact the relevant authorities. An authorized employee will help the citizen draw up a statement in which he can express his request to change personal data in all documentation.

A citizen who has changed his last name and received a new passport must provide the following documents:

statement with a personal request;
a new passport with a new last name;
any document that has the power to prove the reason for the change of surname. For example, this could be a marriage certificate.

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.

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

Applications include the following papers:

copy of ID;
passport with photocopy of all pages;
marriage certificate;
document confirming the adoption of the spouse's surname.

These papers must be fully described in the additional agreement on changing the surname. At the very end of the document, the date and signature are affixed, and the surname is also written down.

The applicant must have the original documentation available and hand it over to the inspector in the personnel department or other body where an authorized person can carry out the necessary procedures. The official is obliged to affix stamps and certify that the copies are true to the original. After this, the additional agreement receives a serial number and is registered. The process is carried out in this way if the enterprise itself uses a system for recording personnel records.

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.

Regardless of the reasons for changing the surname (marriage, divorce, the employee’s own initiative, etc.), this procedure is accompanied by changes to a number of personnel documents - an employment contract, personal card, work book, etc.

To make changes, compelling reasons are required—an employee’s verbal request is not enough. A written application addressed to the head of the organization is required, supported by copies of documents that confirm the fact of the change in the employee’s personal data - marriage registration certificate, passport, certificate of change of surname.

Having received the employee’s application, the employer issues an order to make changes to the accounting documents in connection with the change of the employee’s last name. There is no unified form for such an order, so it can be drawn up in any form.

Sample order for making changes to accounting documents in connection with a change in the employee’s surname

Limited Liability Company "Alfa"

ORDER No. 15 on amendments to accounting documents in connection with a change in the employee’s surname

Moscow 06/04/2015

change the surname of the cashier of the accounting department, Anna Vasilyevna Dezhneva, to the surname of Petrov in the accounting documents.

General Director A.V. Lvov

Based on the order, it is necessary to make changes to the following documents:

employment contract;
personal card;
work book;
military registration documents - for those liable for military service;
pension insurance certificate by sending an application for exchange of the insurance certificate to the territorial body of the Pension Fund of the Russian Federation.

Form for drawing up an additional agreement on changing a surname

After the employee has submitted an application to change his last name in the documentation, and management has issued an order approving this decision, the matter remains with drawing up an additional agreement.

Basic requirements for drawing up a document:

it is important to indicate the number of the contract to which the additional agreement is being drawn up;
the current date on which the agreement will be approved is indicated;
indicate the address and institution where the additional agreement is drawn up and concluded;
the content of the agreement of the parties is stated in free form.

The general content of the document must contain the clause from the employment contract, but it must already contain the new name, surname and patronymic of the employee. The new passport data and its series must be changed, and the signatures of both parties to the agreement must be affixed to them.

In addition, it is important to note that the additional agreement on changing the surname must be drawn up in two copies at once, after which each party receives its own copy for storage. The additional agreement on changing the surname receives its own serial number. What number will be assigned to this document depends on what kind of addition it is to the main document, in this case, the employment contract.

When the HR department receives an application from an employee, it undertakes to introduce all changes to the employee’s documentation as soon as possible. To do this, it is important to pick up all the papers where the employee’s last name appears and change the personal data of a certain employee in them. Thanks to such actions, all possible confusion is eliminated, and any operations can have a legal basis, which will allow you not to worry about anything in the event of inspections.

How to make changes to an employment contract when changing your last name

The last name, first name and patronymic of the employee is information that is indicated when concluding an employment contract (Article 57 of the Labor Code of the Russian Federation). Please note that this information does not refer to mandatory conditions that must be agreed upon by the parties when concluding an employment contract. The last name, first name and patronymic of an employee is personal information that allows you to identify a party to an employment contract.

Labor legislation does not establish the procedure for reflecting information about a change in the employee’s surname in the employment contract. In this regard, in practice, two approaches to solving this situation have emerged.

1 option

You can make changes about the employee’s new surname directly to the text of the employment contract. This can be done by analogy with the rules provided for in part three of Article 57 of the Labor Code for entering missing information into the employment contract. Thus, if, when concluding an employment contract, any necessary information was not included in it, the employment contract can be supplemented. In this case, the missing information is entered directly into the text of the employment contract.

Note that Article 72 of the Labor Code provides for the need to conclude an agreement to change the conditions determined by the parties, and not the information of the employment contract. Therefore, there is no need to enter into an additional agreement to change the terms of the employment contract.

What documents need to be amended when changing an employee’s last name?