Is it possible to correct the employee’s date of birth in the work book and how to do it correctly?

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Published: 05/22/2020

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Any information entered into the work book can be changed if an error is discovered during its entry, subsequent changes or circumstances arise that make adjustments necessary. The above fully applies to the date of birth, which is indicated on the first page of the employee’s employment document.

  • In what cases should you change your date of birth?
  • Procedure for making changes to the date of birth

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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.

Incorrect date of birth entry

Incorrect dates are the same errors as the rest. There is no special way to clarify data for them. Therefore, a record where there is an inaccuracy is invalidated, and then the correct information is recorded with the correct dates.

There are several situations when a Labor Code can be invalidated:

  • errors were made during initial filling;
  • pages are torn out of the document or they are glued together;
  • the document number is blurred or unclear;
  • the document contains information (words) not related to the employee’s work activity;
  • clarifications in the sections “Information about work” and “Information about awards” are made by crossing out, covering with a proofreader, or in any other way not provided for by law.

In these cases, the employee can receive a duplicate document. All correct information is transferred to it; information about incorrect entries is not duplicated.

Rules

Corrections in the Labor Code must be made in compliance with the same rules as when making initially correct POs, that is:

  • carefully;
  • using a fountain pen or gel pen (including a ballpoint pen);
  • using black, blue or purple ink, paste or gel;
  • without any abbreviations;
  • indicating the correct POs after any have been declared invalid according to the wording of the Labor Code, with reference to the relevant paragraph, part and article.

Correction Rules

As mentioned above, any corrections to the work book, including regarding the employee’s date of birth, can only be made on the basis of documents that confirm the authenticity of the new information. The case of an erroneous spelling of an employee’s date of birth is no exception.

Only an employee of the employer’s personnel department can make any corrections to this column of the title page of the work book.

If this is done by the employee himself, the work book form can be rightfully declared invalid due to the fault of the employee and the latter will have to buy a new form on his own, and no one will reimburse him for the costs of such a purchase. Or, if the employer provides a new form, the cost of the document may be deducted from the employee’s salary.

Correcting the date of birth is only possible if the employee has provided both a passport and a birth certificate at the same time . At the same time, there is a rule formed by the practice of preparing personnel documents, on the basis of which only original documents are accepted to correct this erroneous information. This is due to the fact that even when providing copies certified by a notary, no one can deny their poor quality, which can cause difficulties in reading the available data.

The use of copies to fill in the date of birth by correcting this value is only possible if we are talking about color copies that were made by the employee of the personnel department himself, and they are completely readable.

Any corrections made to the title page of the work book are accompanied by mandatory certification of the correcting entry with the seal of the organization. But it is placed only after the employee is convinced of the correctness of such an entry.

How to do it right

The order in which corrections are made will depend on your specific situation. For examples of corrections in the work book in specific situations, see below.

Dates of birth

A change in the date of birth may occur due to errors, incorrect or incomplete information entered into the civil status act (Article 70 of the Federal Law No. 143 of November 15, 1997 “On Acts ...", hereinafter referred to as Federal Law No. 143).

In order to change the date of birth, the applicant must submit an application to the territorial body of the Civil Registry Office, which will be considered within a month (Part 1 of Article 72 of Federal Law No. 143), after which a new certificate of registration of the act is issued (Part 2 of Article 73 of Federal Law No. 143 ).

Already on the basis of a new birth certificate, the passport will be replaced (clause 12 of Government Decree No. 828 of July 8, 1997 “On approval...”).

Next, the applicant, in accordance with paragraph 26 of the Resolution, needs to contact his last place of work to correct his date of birth to a new one.

As confirmation, you can provide any document - both a passport and a birth certificate.

Further actions are carried out by the employer in accordance with paragraph. 2 clause 2.3. Instructions, namely:

  • on the title page in the “Date of Birth” field, the incorrect date of birth is crossed out with one line;
  • The correct date of birth is written next to it;
  • on the inside cover of the TC, a notice is made “Date of birth DD.MM.YYYY changed to DD.MM.YYYY based on the birth certificate/passport (then the document details are written)”;
  • The HR specialist puts his signature on the inside cover and affixes the seal of the organization.

Surnames

A change of surname can occur upon state registration of a conclusion (Article 28 of the Federal Law No. 143), annulment of a marriage (Article 36 of the Federal Law No. 143) or if the citizen himself, who has reached the age of 14 years, wishes to change his surname, first name or patronymic in the manner established by the Chapter 7 Federal Law No. 143.

The procedure for changing the surname PO is the same as for the date of birth.

Dates of dismissal

Based on clause 5.1. Instructions, in column 2 of Section No. 2, the date of dismissal is indicated when the corresponding RFQ for dismissal is submitted.

Ab. 2 clause 1.2. The instructions state that if it is necessary to recognize any PO as invalid, the date of entry of the “correcting” PO will always be entered in column 2.

In other words, when correcting the date of dismissal, you cannot put the correct date of dismissal in column 2 of the “correcting” salary - the date of entry of the “correcting” salary must be written there.

There are no other instructions in the Instructions and Resolution on this matter, so we assume that the date is corrected as follows:

CountWhat to write here
1Serial number (hereinafter referred to as PN) of the “corrective” PO
2Date of submission of the “correcting” PO
3For example: “The entry for (indicate the number of the “corrected” PO) is invalid. Dismissed by agreement of the parties DD.MM.YYYY (the correct date of dismissal is indicated here), paragraph 1 of Article 77 of the Labor Code of the Russian Federation”
4Details of the dismissal order

Job title

The name of the position in the PO for hiring is indicated in accordance with the staffing table.

If the name of the position in the schedule has changed, the employer is obliged to make a corresponding change to the Labor Code (clause 4, clause 3.1 of the Instructions).

The procedure for changing is not complicated:

CountWhat to indicate
1PN Salary
2Date of entry
3The wording “Position such and such has been renamed to such and such”
4Details of the order to amend the staffing table

Name of company

Judging by paragraph 3.2. Instructions, if during the employee’s work the company has changed its name, the corresponding RFP is entered in the following order:

CountWhat to write here
1PN Salary
2Date of entry
3The wording “Organization (old name) has been renamed to (new name) from such and such a date.”
4Details of the order (date and number) on the basis of which the decision to rename was made

Award details

As in Section No. 2, so in Section No. 3, strikethroughs are not allowed.

The procedure for canceling an PO is the same - that is, a PN is entered, the date the PO was entered, the wording “The entry for such and such a number is invalid. Awarded a Certificate of Honor at such and such a time” and details of the order or other award document.

On the title page

In addition to your full name and date of birth, the title page contains information about your education, profession and specialty.

Accordingly, if an incorrect profession was indicated, it is crossed out and a new one is written next to it. On the cover are written the details of the document, which contains information about the “correct” profession.

If the employee has received a new profession or education, there is no need to cross it out, but simply add a comma next to it (clause 2.4. Instructions).

How to correct errors in a work book: procedure and sample

A work book is an important document for any able-bodied citizen, which determines his future pension rights. Therefore, all entries must be entered correctly and be reliable. Despite the fact that there have long been rumors about their abolition, it is now difficult to get a job or receive a well-deserved pension without a work permit. But what to do if some important information was recorded incorrectly? Is it possible to correct a mistake without consequences, and who is responsible for doing this?

It is not necessary to create a duplicate to correct incorrect information in this document. It is issued only when the book is lost or when a lot of changes need to be made to it. Amendments to the document can be made if the employee’s information about his education, full name has changed, or the HR employee simply made an erroneous entry when filling it out. The main thing is that the corrections are made in accordance with the law, otherwise such work may be declared invalid by the employees of the Pension Fund.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how to solve your specific problem

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What mistakes can deprive you of your future pension?

Making fatal errors in the Labor Code that could deprive a future pension is unlikely, since, in accordance with clause 10 of Government Decree No. 1015 of October 2, 2014 “On approval...”, periods of employment are certified on the basis of personalized accounting information.

The Labor Code will be required to confirm periods of work, for example, those that occurred before the citizen was registered in the accounting system or if this system contains incomplete (unreliable) information.

However, the Labor Code is not the only document. You can confirm your experience with employment contracts, extracts from orders, personal accounts, witness statements, etc.

general information

Often, mistakes made by personnel officers a long time ago surface when issuing an application for a pension along with a work record book.

Since the pension fund cannot accept an incorrectly drawn up and filled out document, it does everything to ensure that the employee can correct the errors, and the pensioner will be forced to run around to his former places of work restoring the correct filling.

That is why special attention must be paid not only to how to correctly enter data into the work book, but also to filling out the title page.

Unfortunately, many workers do not know how to ideally fill out the first page of a work book and, when receiving the work book, cannot see the error.

That is why our article will be useful for both employees and employers.

Our task is to learn how to correctly fill out all the columns of the work book, and if this is impossible, to do everything to find errors in the filling. You will also find here an example of filling out a title page. So, let's start in order and talk about writing the first name, last name and patronymic.

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.

What to do if the owner finds an error

If the owner of the Labor Code discovers an error, then you need to immediately contact the employer at the current place of work, or the place of work where the incorrect salary was made, or to the successor in case of reorganization of the employer who made the incorrect salary.

For more details, see the table (RPM - employer at the last place of work, RDO - employer who made a mistake):

Situation/what needs to be fixedWhich employer should the employee contact?What documents need to be provided
Data on the title page, that is, full name, date of birth, education informationTo RPMPassport, birth certificate, conclusion or annulment of marriage and other documents confirming changes
Data in Section No. 2 or Section No. 3To RPM or to RDOIf the appeal is made to the RPM, an official document from the RDO will be required
RDO was reorganizedTo the legal successor
RDO was liquidatedTo RPMDocument confirming liquidation

The procedure for filling out a work book

The document is filled out in beautiful calligraphic handwriting, as legibly as possible. In order to correctly sign a work book, it is worth studying a number of legislative and regulatory acts:

  • Labor Code (words on hiring and dismissal);
  • Rules for maintenance and storage, which indicate, in particular, the rules for the procedure for changes;
  • Instructions for filling.

When maintaining a document, additions, etc., it is necessary to distinguish between the following concepts:

1. Making additions and changes, implying the addition or replacement of correct lines.

2. Correction is the replacement of incorrect entries or errors.

All entries in the work book are made in one of three sections:

  • title page;
  • information about the employee;
  • awards.

Before making a record of work activity, a title page is filled out. It contains information about last name, first name, patronymic, date of birth, education, profession. The HR department employee must first collect information and study the standards in order to avoid mistakes.

The format DD.MM.YYYY is used for the date of birth in the work book, sample “”. If the employee filling out the document made an inaccuracy, it is necessary to correct it, since the document will subsequently be declared invalid.

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.

Responsibility for false data

If false information or incorrectly made corrections are discovered, the Pension Fund has the right to invalidate the work book. For any inaccuracies in filling out this document, the employer is subject to administrative penalties. The fine is:

  • up to 5,000 rubles for an official;
  • up to 50,000 rubles for a legal entity.

Which officials will be punished depends on internal regulations. If an enterprise has issued an order appointing a person responsible for the registration, storage and issuance of work books, a fine will be imposed on this person. If there is no such order, the manager will bear the punishment.

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