General filling rules
Special requirements apply to how to fill out a work book. There is a special Instruction dedicated to this aspect, which was approved by Resolution of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003. There are also special sample entries in the work book that help HR specialists enter information correctly.
The general filling rules look like this:
- the document that served as the basis for entering the information must be indicated;
- entries are made within 7 days after drawing up the document that serves as the basis (this rule does not apply in the event of dismissal of an employee);
- the text of the entry must be brought into line with what is stated in the order or regulation;
- dates are indicated using exclusively Arabic numerals (the entry in the labor record must have the following format: dd.mm.yyyy);
- words cannot be abbreviated; they must be written in full (this also applies to grounds and references to the labor code);
- When making an entry in the work book, the responsible person must familiarize the employee with it (a corresponding entry with the employee’s signature is also made in his personal card).
Let us consider exactly how specific records related to specific situations are made.
Sample entry in the employment record: voluntary dismissal
Every person always wants the best. This also applies to working conditions. For some, changing jobs becomes the only way to improve their financial and sometimes mental state. In such a situation, the personnel employee makes an entry in the employment record about dismissal of his own free will. For it to be valid, it is necessary to take into account all the nuances and formalize it correctly.
Reasons for dismissal
There can be many reasons for a person to quit. Sometimes it may depend on motivation what kind of entry will be made in the work book. If an employee retires, a corresponding entry must be made. The following formulation is used: “an employee’s retirement in old age.”
There are other motives in connection with which he makes a note of dismissal of his own free will. The most common ones sound like this:
- getting a new job;
- opening your own business;
- temporary rest;
- disagreements with superiors.
In any of the above situations, the specific reason is not recorded in the work book. This distinguishes cases from dismissal due to reaching retirement age. Here, the personnel specialist simply makes an entry in the employment record “at his own request.”
How to make a recording correctly
The dismissal record must have the following attributes:
- serial number;
- date of inclusion in the labor record;
- wording about dismissal/termination or termination of the employment contract at one’s own request (a reference must be made to the Labor Code of the Russian Federation, in this case to clause 3, part 1, article 77);
- details of the order or instruction that became the basis (its date and number are indicated).
After this, the record is certified by the responsible person (HR specialist, the manager himself or an accountant), and the organization’s seal is affixed. The entry must be signed by the employee himself, which will indicate his familiarization with the document.
A personnel specialist can use a sample work record book when resigning at his own request. The entry is made as follows:
It is very important to enter all data legibly and without abbreviations so that the entry is valid and the employer does not have to make a duplicate of the work book.
Sample employment record: dismissal due to staff reduction
Sometimes enterprises experience financial difficulties, which can be reduced by reducing the number of employees. In this case, an entry is made in the employment record “dismissed due to staff reduction.” Correct registration is not the only difficulty that an employer may encounter. It is important not to violate the employee’s rights established by the Labor Code of the Russian Federation.
The nuances of dismissal due to reduction
Labor legislation obliges the employer:
- inform about the upcoming reduction at least 2 months before it;
- try to find another position in your company, if possible, and offer to make a transfer;
- pay all severance benefits;
- report staff reductions to the Trade Union;
- make sure that the employee being laid off is not one of those who cannot be dismissed in this way (for example, a pregnant woman).
Only after all these procedures can an entry be made in the labor record when an employee is laid off.
If the employee himself, under pressure from the employer, agrees to voluntarily leave, then the entry contains the phrase “at his own request”, and there is no mention of staff reduction.
How to make a recording correctly
For an entry to be valid, it must have the following attributes:
- serial number;
- date of document execution;
- a record of dismissal indicating the reason - “reduction in the number of employees at the enterprise” (it must have a link to the Labor Code of the Russian Federation, namely clause 2, part 1, article 81);
- order details.
After entering this data, the responsible person certifies the entry with his signature and puts the stamp of the organization. Written information to the employee is mandatory.
To avoid making mistakes when entering all the data, you should use a sample entry in the labor reduction document, which looks like this:
The employer must notify supervisory authorities about layoffs in organizations. It must be remembered that incorrect actions can lead not only to an obligation to pay certain amounts to the former employee, but also to an administrative fine.
We act in stages
All actions to change the name can be divided into 4 stages:
- Formation of a package of documents and execution of an application.
- Certification of the application by a notary.
- Providing documents to the tax office.
- Receiving a ready package of documents with the changes reflected in them, first of all, a sheet from the Unified State Register of Legal Entities.
A package of documents begins to be formed with the adoption of a corresponding decision at a general meeting or the adoption of a decision by the sole participant of the LLC.
Then changes are made to the Charter. It is not necessary to completely reprint this voluminous document in edited form; you just need to prepare a sheet of changes (2 copies are needed).
When filling out the P13001 application, the greatest number of difficulties arise. It must be filled out according to a sample that reflects the name change. Corrections in a document may serve as a reason for refusing renaming even after certification by a notary.
The certifying notary may require from the LLC representative: TIN, OGRN, the old version of the Charter, a list of LLC participants, a protocol or a decision on the appointment of a general. director and his personal data (passport, TIN, telephone). It is necessary to prepare copies of these documents in advance. Original notices from the Pension and Social Insurance Funds may also be required. An extract from the state register will be required. It is ordered in advance, before visiting the notary's office.
The state fee for renaming is 800 rubles. It must be paid in advance. Payment is made personally by the general director of the LLC, indicating his details on the receipt.
The deadline for submitting a package of documents to the Federal Tax Service is of interest to everyone. However, there is a difficulty here. According to Federal Law No. 129 of 08/08/01 (Article 5-5), no later than three days after the decision on renaming is made, documents must be submitted to the tax office.
However, officials of the Ministry of Taxes and Duties (letter No. 09-1-02/4040-AV409 dated 08/14/03) consider such a restriction invalid. For clarification, it is best to contact the registration authority where the documents are being submitted directly and clarify the deadline for submitting the package.
It is most often provided to the Federal Tax Service by the director himself or an official representative of the LLC. You can send documents for renaming by registered mail, through the MFC office, i.e. in any legal way provided for interaction with the Federal Tax Service. The application is considered by officials for 5 days (the days of submission and receipt are not included in this period), after which a decision is made on renaming or refusing it. The decision and documents related to it can be received in person or by mail, depending on which method was specified when submitting the original package.
Read more: What reason can you come up with to take time off from work?
Entry into the labor record: dismissal upon liquidation of the enterprise
When an enterprise stops operating, management must draw up an order to dismiss all its employees. On its basis, an entry is made in the labor record upon liquidation of the enterprise. It is important to do everything in accordance with the law.
Advance notice to employees
All employees of the enterprise must be notified of its liquidation in writing 2 months before immediate dismissal. Such a document may have any form, but it must indicate:
- when and why the employee will be fired;
- what guarantees will the employee receive?
Upon liquidation, the employment contract is terminated with all categories of citizens, including pregnant women and minors. The grounds for their dismissal will be the same and official.
In order not to miss anything important, you must carefully study Federal Law No. 161-FZ of November 14, 2002 and the Labor Code of the Russian Federation (Articles 81, 140, 142 and 176).
Direct entry
In order to correctly carry out dismissal upon liquidation of an enterprise, an entry in the labor record should be made based on the following sample:
Its obligatory attributes will be: serial number, date of entry. The basis will be an order on the need for dismissal in connection with the liquidation of the enterprise (its number and date are indicated). In the information column, an entry is made about dismissal due to liquidation with a mandatory reference to the Labor Code of the Russian Federation (clause 1, part 1, article 81).
The signature of the HR specialist or employer and the seal of the organization are required. The employee signs the entry, confirming familiarization with the decision.
Nuances of the company name
Regardless of what caused the renaming, it always consists of a set of actions that are required to be carried out in accordance with the law. According to Art. 54 of the Civil Code of the Russian Federation, the name of the organization/institution is always indicated in the constituent documents along with the organizational and legal form (LLC, JSC, etc.).
Often it is necessary to change the name of organizations that have in their name words and phrases that are limited in use for these purposes, or are too similar to the name of another entity conducting homogeneous activities, but registered earlier.
- Names of authorities (both federal and regional or local governments).
- Names of registered and well-known international organizations/associations.
- Words that contradict generally accepted norms (morality and humanism).
A number of organizations whose founders are state bodies have the right to be named indicating their affiliation (“state government”, “municipal”, etc.).
It should be remembered that the legal protection of a name is guaranteed by law only after its inclusion in the unified register of legal entities. Such management of the name includes the possibility of indicating it in various documentation, correspondence, advertisements, on goods, on packaging, etc.
Read more: Who is the first heir after the death of the father
Sample entry in a work book when renaming an organization
The name is a kind of identification code for any organization, which is why when renaming it it is necessary to make an appropriate entry in the work book. Regardless of the reasons for such changes, a mark in this strict reporting form is required, and it is affixed on the day the order for renaming is issued.
Why is there such a need? Let's say a person got a job at Romashka LLC, which was later renamed Gerbera LLC. The entry on admission will indicate the first organization, and the dismissal entry will indicate the second. The new employer will have a number of questions in this regard. You might think that some entries in the labor record were simply missed.
Procedure for making an entry
To enter information into the form as accurately as possible, it is worth using a sample entry in the work book about the renaming of the organization. It looks like this:
In addition to the usual attributes in the form of the record number, the date of its entry and the basis in the form of an order (with date and number), you will also need a special record in which the following must be written in order:
- previous name of the organization;
- date of renaming;
- entry "renamed to";
- new company name.
There is no need to make any references to labor legislation. It is important to enter the data in the specified sequence without changing their places.
Algorithm for correcting mistakes
The procedure for correcting errors in a record of renaming an organization:
- An incorrect entry is not crossed out; the correct data is entered below.
- The next blank line indicates: “There was an error in the name (record).”
- Then the correct entry is made - completely, even if an error was made in the order details.
The correction is not certified by either a seal or a signature.
Corrections can be made at any stage of the work, even if other entries have already been made after the entry where the error was made.
You can read more about this in the article “How to make a correction in a work book - sample 2017.”
Sample entry in the work book when renaming a position
At some enterprises, there may be a desire or need to rename an employee's position. Labor legislation provides for the possibility of transferring employees only in one of the following cases:
- change in functionality;
- change of structural unit.
Making an entry in the work book in this case is not the only responsibility of the employer. Changes must be made to the employment contract with the employee, the staffing table, and the T-2 personal card. The employee must be warned about these changes before drawing up the order and signing the documents. They need to be compiled correctly, which is why many personnel specialists are looking for a sample of renaming a position in a work book.
Features of making an entry
A record of renaming a position must have the following attributes:
- serial number;
- date of entry;
- an indication that one profession has been renamed to another;
- the basis for making the entry (including the number and date of the document).
The peculiarity of such a record is that the official does not need to sign and seal (after all, the employee’s career does not end at this place of work). The employee does not have to sign for it either. A sample entry in a labor document about renaming a position is as follows:
It is important to correctly indicate the old and new job titles correctly, in accordance with the order, employment contract and employee job description.
Algorithm for renaming an organization
The set of procedures required for this act from a legal point of view includes several stages:
1 step. Correction of constituent documents. This must be done either as a separate document (an addition to the package of constituent documents), or as a new version of the main act. The organization decides which option they prefer. Approval by an authorized body, which is listed as such in the organization’s Charter, is required.
The vote does not have to be unanimous; 75% of the votes in favor are sufficient to make a decision on renaming, unless otherwise noted in the Charter. If there is only one founder, he makes the decision alone.
REFERENCE! It is necessary to edit the constituent documents, since the company name is written in the company's Charter.
Step 2. Confirmation of changes at the state level. After making a decision “on the spot,” it needs to be registered, that is, the data must be changed in the state register (Unified State Register of Legal Entities). To do this, you need to collect and submit the following documents to the tax office:
- application written in form P13001;
- protocol of the decision of the authorized body to change the name of the organization (new edition of the constituent documents or addition to them);
- a receipt indicating payment of the state duty in the amount of 800 rubles.
In this form, pay special attention to sheet “A” - this is where you will need to enter the new name of the organization in full and abbreviated form. Don't forget to fill out the title page. In sheet “M” you need to indicate information about the applicant, that is, the director of the organization. His signature must be certified by a notary, for which you will need to provide an order for his appointment, the charter and a copy of the decision on renaming (check the list of required papers directly with the notary).
Step 3. Five day wait. This is the period provided by the Law for making changes to the name in the Unified State Register of Legal Entities, which gives permission to begin using it officially. Representatives of the organization will receive a new certificate of registration.
Sample entry in the work book when renaming a department
Any active enterprise sooner or later undergoes some changes, be it the opening of a branch or the introduction of new positions. One of the important staff changes is the renaming of the department. Such changes must be reflected in all internal documents, including personal cards of employees and staffing schedules. It is very important to make a correct entry in the work book about the renaming of the department.
The instructions for filling out a work book do not provide a clear indication of how exactly to make an entry in the work book - to make an entry about a transfer to another department or about renaming a department.
When to record what?
Both options exist, but in different situations:
- if only the name of the department has changed, then it is more logical to make a note that the “Old name of the department” has been renamed to “New name of the department” (this is due to the fact that no major changes were made to the employment contract);
- if, in addition to the name, the composition and functions of the department have changed, then a record should be made of the employee’s transfer to another department.
In the latter case, an entry in the labor contract about renaming the department is not appropriate, since the employee’s working conditions have changed significantly, which means that a new labor agreement must be drawn up. Registration of a transfer in such a situation is a mandatory procedure.
We notify counterparties
After the changes are made, confirmed by the record sheet, be sure to send a notice to all business partners about the renaming of the organization. It’s no secret that incorrect data, for example, in invoices or initial reports, is another reason for tax authorities to refuse a deduction or accounting for expenses. And then, at first, carefully monitor what name is indicated in the documents received by you. If they are old, ask them to replace them immediately.
When changing the name, the legal entity does not change. The company continues its activities, albeit under a new name. Therefore, all previously concluded agreements remain in effect and do not need to be renegotiated.
Sample entry in the work book about the appointment of a director
The work book is a mandatory document for all officials, including the director. But if everything is clear about who should fill it out for the rest of the employees, then questions about who and how makes an entry about the director’s appointment in the work book appear quite often, even among career employees.
Employee or founder
Exactly how to make an entry in the work book depends on the position of the senior official. The following situations are possible:
- the director is a hired worker:
- The director is also the founder.
In the first case, hiring is displayed in the work book in the same way as for ordinary employees (the sample entry in the work book about hiring a director will be exactly the same) - entry number, date of entry, record of employment in the organization as a director, the basis which is the order.
When it comes to electing one of the founders to the position of general director, the wording (indicated in the information) can be written:
- on appointment to a position;
- about election to office.
Both options will be correct. The basis is no longer an order, but the minutes of a meeting of company participants, indicating the number and date. You can also specify order details, but this is not necessary. A sample of the work book of a general director when elected to a position looks like this:
The following persons have the right to make such an entry:
- the general director himself (in practice this is very rare);
- one of the founders;
- an official who has the authority to do so.
We prepare and submit documents to the registering Federal Tax Service
This is what is included in the document package
1. An application in the form in which you need to fill out the title page, as well as sheets A “Information about the name of the legal entity” and M “Information about the applicant”. In this case, the still valid name of the organization is entered into the title page, but the new name must be entered into sheet A.
Please note that the signature of the applicant (usually the general director) on sheet M must be notarized
To certify a director’s signature, notaries, in addition to his passport, as a rule, require that you submit documents (originals) indicating the legitimacy of the director, namely:
- an extract issued no more than 1 month ago;
- decision on the appointment of a manager;
- LLC charter - both current and its new edition;
- decision (protocol) on changing the company name;
- certificate of assignment of OGRN and TIN to the legal entity.
2. The corresponding minutes of the general meeting of LLC participants or the decision of the sole participant.
3. Two copies of the original charter in the new edition.
4. Receipt for payment of state duty in the amount of 800 rubles. for registration of changes made to the constituent documents of the organization
WE WARN THE MANAGER
If you do not notify (or not notify in a timely manner) the registering Federal Tax Service about the change of the name of the company, its head will face a warning or a fine.
These documents must be submitted (in person, by mail by a valuable letter, through the MFC or the State Service website) within 3 working days from the day following the day on which the minutes of the general meeting or the decision of the sole participant are dated
The inspection, within 5 working days from the date of receipt of the above documents, must register the fact of changing the name of the company and make an appropriate entry in the document. After this, the applicant will be handed over or sent by mail (depending on what method of receipt was indicated in the application
- one copy of the new edition of the charter with a mark from the Federal Tax Service;
- record sheet
- certificate of registration with the tax authority containing the new name
ADVICE
We recommend that you immediately order from the inspection a couple of copies of the extract from the organization with the new name. They will come in handy later, in particular for submission to the bank.
As part of a regular request, within 5 working days from the date of its submission, the company has the right to receive any number of statements about itself for free . But for urgent receipt of statements (the next working day after the request) you will have to pay 400 rubles. for each copy
Having registered a change in the name of the company, the inspectorate must independently notify the territorial offices of the Pension Fund of the Russian Federation and the Social Insurance Fund, within 5 working days . But just in case, call them after a while and ask whether the Federal Tax Service has informed them. If not, send them notifications yourself that from the date on which the record sheet is dated, the company is operating under a new name.
By the way, if you submit reports electronically, inform your operator about the name change. Most likely, you will need to change and reconfigure the program.
Read more: How to file a cassation appeal to the arbitration court
Who signs the work book upon dismissal of the director?
The procedure for completing all documents depends on whether the employee leaves his post on his own. The note about the dismissal of the general director was no exception. We will consider each situation separately.
Dismissal at your own request
If the director made the decision to dismiss on his own, then he needs to prepare all the documents, including the order, himself. This responsibility can be transferred to another employee, but only if there is an appropriate official order.
If the director is the only founder, then he will have no one to shift the responsibility for drawing up the order to. If there are other business owners, the dismissal of the general director, including an entry in the work book, becomes the responsibility of one of the founders.
Mention of voluntary dismissal should also be in the work book. The director will have to sign twice (if he is filling out the form himself) - on behalf of the director and on behalf of the employee.
Dismissal of a director by the owners of the organization
Sometimes the director leaves not on his own and not due to the expiration of the employment contract, but by decision of the business owners. He must be notified of this in writing. How to fire the general director, what should be the entry in the employment record? After the relevant order is issued, an entry is made in the work book indicating the grounds (date and number of the order) and the reason for dismissal.
The text must contain a link to the Labor Code of the Russian Federation. In such a situation, we apply clause 2 of Art. 278 Labor Code of the Russian Federation. The entry should look like this:
A stamp and signature must also be placed here. The director himself also affixes his signature, indicating that he was familiar with the entry made.
H2: Sample correction of the date of dismissal in the work book
Sometimes HR specialists may make a mistake when filling out a work book. Not all of them can be fixed. It all depends on which section the mistake was made. If we are talking about information about work or awards, then adjustments can be made.
This means that it is possible to correct the date of dismissal in the work book. The sample of such an entry does not differ from the sample of declaring an entry invalid and entering the correct version.
Only the employer who fired the employee can invalidate such a record. The new employer cannot do this, since he has no grounds for this and will not be able to certify the new entry. To avoid correcting entries in the work book after dismissal, the employee should carefully study it before signing the acknowledgment.
If a person has already quit and is trying to get a new job, his new employer cannot refuse to accept him because of an incorrect entry. It is better for the employee himself to contact his previous place of work and ask for corrections.
There are a number of nuances to correct. An incorrect entry in the work book cannot be crossed out upon dismissal. It is left untouched, only a note is made about its invalidity. The new entry must have a serial number (the chronological order must not be violated), the date of the changes, the correct reason and basis (dismissal order).
The correction is made in the same way as when eliminating other errors. Visually it looks like this:
Algorithm of actions when changing the name of an organization
Published on December 1, 2015 in the journal “Industrial and Trade Law”, No. 11 – 2020.
Co-authors: Zavadskaya Valentina Petrovna managing partner, lawyer of the law firm "DE JURE CONSULT" Laptyonok Natalya Igorevna lawyer, director of LLC "Yuridicheskaya" www.dc.by
In accordance with Art. 50 of the Civil Code, any legal entity has a name that indicates its organizational and legal form. The reasons for the decision to change the name may be different, for example, a change in the type of activity, expansion of the range of services, change of owners of the organization.
Let's consider the procedure for actions that need to be taken in connection with the renaming of an LLC, ALC, CJSC and a unitary enterprise.
Change of name
First of all, a decision should be made to change the name and a new name should be agreed upon.
The decision is made by the owner of the property (participants, shareholders) or another body authorized by the constituent documents of the organization. When registering, options are possible in the form of a decision of the property owner, minutes of the general meeting of participants (shareholders), or an order of the manager.
The head or other person who has a power of attorney or is authorized by the constituent documents of the organization to act on its behalf contacts the registration authority to approve a new name.
You can agree on the name by:
- personal appeal of the applicant to the registration authority;
- sending documents by mail;
- submission by the applicant of documents in electronic form through a web portal (if the head of the organization or other authorized person is a citizen of the Republic of Belarus, or a foreign citizen, or a stateless person permanently residing in the Republic of Belarus).
The registration authority issues a certificate of approval of the name
legal entity or, if there are grounds, a certificate of refusal of approval. The applicant has the right, within a month from the date of approval of the name, to use it for state registration of changes made in this regard to the charter.
Amendments to the charter
When changing the name of the organization, in accordance with the first paragraph of clause 22 of the Regulations on state registration of business entities, approved by Decree of the President of the Republic of Belarus of January 16, 2009 No. 1, it is obliged to make changes and (or) additions to the charter within two months and submit them for state registration .
Changes to the charter can be made in the form of an appendix to the charter or the charter can be stated in a new edition.
The decision to make changes to the charter and their approval or on a new version of the charter is made by the owner of the property (participants, shareholders) and formalizes it in the form of a decision of the property owner, minutes of the general meeting of participants (shareholders).
For state registration of changes to the charter in accordance with clause 16 of the above-mentioned Regulations, it is necessary to submit to the registering authority:
- application for state registration. It must be signed in the presence of an authorized employee of the registration body by the head of the organization or another authorized person, or the authenticity of the applicant’s signature must be notarized;
- amendments to the charter or a new edition of the charter in two copies, as well as their electronic copies;
- original certificate of state registration of the organization;
- original or copy of the payment document confirming payment of the state duty.
Changes to the charter or a new version of the charter are registered on the day of submission to the registration authority. A certificate of state registration is issued no later than the next working day.
A document confirming registration with tax authorities, state statistics authorities, bodies of the Social Protection Fund of the Ministry of Labor and Social Protection of the Republic of Belarus, registration with the Belarusian Republican Unitary Insurance Enterprise "Belgosstrakh" is issued within five working days from the date of registration of changes.
Destroying the old seal and making a new one
According to the order of the Ministry of Justice of the Republic of Belarus dated February 3, 2009, registration authorities are required to accept for destruction the seals of organizations whose production permit was issued before February 1, 2009.
The procedure for destroying a seal in other cases is not currently provided. The seal is destroyed in accordance with the local regulatory legal act in force in the organization.
To produce a new seal, it is sufficient to have changes in the name of the organization in the charter or a new edition with a stamp indicating state registration.
Re-registration of labor relations
In connection with the change in the name of the organization, it is necessary to make changes to employment agreements (contracts) with employees by signing additional agreements.
Also, in accordance with paragraph 57 of the Instruction on the procedure for maintaining work books, approved by Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated June 16, 2014 No. 40, on the basis of an order (instruction) of the employer, it is required to make changes to the work books of employees.
An entry in the work book may look like this.
Column 3:
LLC "X" was renamed to LLC "U".
Column 4:
Order No. 1 of October 1, 2020.
Table 1
Notifications in connection with changes in the name of the organization
Bodies and persons to be notified | Term | Comment and recommendations |
Bank | Immediately | The notice period may be stipulated in the agreement concluded with the bank. Within a month from the date of change of name, a new card with samples of signatures and seal impressions must be issued (part four of Article 200 of the Banking Code of the Republic of Belarus) |
Social Protection Fund of the Ministry of Labor and Social Protection of the Republic of Belarus | Five working days from the date of the decision (clause 26 of the Regulations on the payment of mandatory insurance contributions, contributions to professional pension insurance and other payments to the budget of the state extra-budgetary fund for social protection of the population of the Republic of Belarus, approved by Decree of the President of the Republic of Belarus dated January 16, 2009 No. 40 ) | Legislative acts of the Republic of Belarus may establish a different period. We recommend send a notification letter, as well as copies of a new certificate of state registration of the organization and changes to the charter (new edition of the charter) |
Belarusian Republican Unitary Insurance Enterprise "Belgosstrakh" | Month from the date of amendments (clause 16 of the Regulations on registration (re-registration) at the Belarusian Republican Unitary Insurance Enterprise "Belgosstrakh" of insurers for compulsory insurance against industrial accidents and occupational diseases, approved by Resolution of the Council of Ministers of the Republic of Belarus dated October 10, 2003 No. 1294) | We recommend sending a notification letter, as well as copies of a new certificate of state registration of the organization and changes to the charter (new edition of the charter)* |
Inspection of the Ministry of Taxes and Taxes | Five working days from the date of state registration of changes (clause 19 of the Instructions on the procedure for the acquisition, recording, storage, use and return of document forms with a certain degree of protection, included in the list of document forms and documents with a certain degree of protection and printed materials, information about which is subject to inclusion in the electronic data bank of document forms and documents with a certain degree of protection and printed materials approved by the Resolution of the Ministry of Taxes and Duties of the Republic of Belarus, the Ministry of Finance of the Republic of Belarus and the Ministry of Communications and Informatization of the Republic of Belarus dated 08/12/2011 No. 33/77/17) | Served in any formapplication to change the name of the organization indicating its previous name and act of inventory of unused document forms with a certain degree of protection indicating their types, codes, series, numbers and quantities. The Ministry of Taxes Inspectorate transmits changes to the electronic data bank of document forms and documents with a certain degree of protection and printed materials and notifies the organization of the changes made |
Counterparties | Not established by law | The notice period may be stipulated in concluded contracts. We recommend send notifications or enter into additional agreements to contracts with counterparties |
*
Organizations whose registration with the Belarusian Republican Unitary Insurance Company "Belgosstrakh" is carried out upon their application are required to send a notice of change of name.
Table 2
Actions in connection with changing the name of the organization
Action | Term | A comment |
Making changes to the license | Month from the date of state registration of changes (clause 66 of the Regulations on licensing of certain types of activities, approved by Decree of the President of the Republic of Belarus dated September 1, 2010 No. 450) | The licensee must submit to the licensing authority: statement;
Upon submission of the specified documents within the established period, the licensee carries out activities on the basis of a previously issued license, provided that its validity has not expired. When receiving a license on a new form, the organization is obliged to submit the original of the previously issued license to the licensing authority. |
Amendments to permits for foreign exchange transactions related to capital movements | Month from the date of amendments (part two of clause 23 of the Instruction on the procedure for issuing permits for conducting currency transactions and opening accounts outside the Republic of Belarus, as well as submitting notifications to the bank when carrying out currency transactions related to the movement of capital, approved by resolution of the Board of the National Bank Republic of Belarus dated January 28, 2008 No. 15) | The organization is obliged to apply to the National Bank of the Republic of Belarus with an application to make changes and (or) additions to the permit |
Corrections in documents of the unified state register of real estate, rights to it and transactions with it | The legislation does not establish | The organization must apply to the republican (territorial) organization for state registration of real estate, rights to it and transactions with it with an application for corrections related to changes in identification information about the copyright holder (subclause 1.4, clause 1, article 28 of the Law of the Republic of Belarus dated 22 July 2002 No. 133-Z “On state registration of real estate, rights to it and transactions with it”) |
Amendments to the State Register of Securities | Two months from the date of state registration of changes (clause 111 of the Instructions on certain issues of the issue and state registration of securities, approved by Resolution of the Ministry of Finance of the Republic of Belarus dated December 11, 2009 No. 146) | The closed joint-stock company must submit to the territorial securities authority:
After reviewing the specified documents, this body issues a letter with information about changes made to the State Register of Securities |
Other actions | The legislation does not establish | Subject to permits, certificates, etc. to make changes to them (or to notify), you must contact the relevant government bodies and organizations in the manner prescribed by law |
Sample information about awards in the work book
Rewards and incentives are a great incentive for any employee. Such moments are pleasant for any person. In order to correctly fill out all the documents, you need to know what a sample award entry in the work book looks like. This aspect is very important, because if the data is entered incorrectly, the entry may be invalidated.
What incentives should be recorded in the labor report?
Encouragement is always a pleasant episode in a person’s life. Rewarding an employee is an opportunity given to the employer. Entries about such incentives must be made in work books. All that remains is to find out what incentives are entered in the work book. This category includes:
- valuable gifts;
- gratitude;
- cash bonuses;
- posting information about the employee on the board or in the honor book.
This also includes state awards, certificates, insignia, diplomas and other incentives.
Making a record of an award
Information about incentives is entered in a special section. The procedure for making entries is standard. A serial number is entered (but this section already has its own numbering, different from the numbering in the section on work), the date of entering the information, the nature of the award and the document that became the basis for making this entry are stated - this could be an order, a resolution, for example. A sample of information about awards in a work book looks like this:
Sample information about education in a work book
For any person who wants to advance their career, the level of education is important. This information is located on the title page. Education is recorded in the work book on the basis of supporting documents (certificate, diploma).
Over time, a person can undergo additional training and receive another education. An increase in its level must be reflected in the work book. And if, when changing the surname, it is crossed out, then when receiving a new education, the old entry does not need to be touched. After all, a new entry does not cancel previous information about education in the work book. An example of correct filling in this case looks like this:
Is it possible to correct education information?
If an incorrect entry was made when creating a work book, it is better to destroy it and fill out a new one. Legislation allows a citizen to create a new work book if it contains the only record of work at the enterprise, and he has not worked there for more than 3 months.
The situation is somewhat more complicated if the form with the erroneous entry was transferred to the new employer. A sample “how to correct education in a work record book” looks like this:
In this case, the incorrect entry is crossed out and the correct education is indicated. Already on the cover it is written on what basis the corrections were made (with the number and date of issue). Below is the signature of the official responsible for filling out the work books and the seal.
Entry in the labor record upon dismissal by agreement of the parties
Sometimes a person can be fired by agreement of the parties. The procedure for making such an entry is essentially no different from other entries upon dismissal. The peculiarity lies only in the wording itself and the reference to a specific part of the Labor Code of the Russian Federation. What is the correct way to dismiss by agreement of the parties? How is the entry made in the work book?
Required documents
There is a special procedure for dismissal under this article. First, negotiations are held between the parties. If they manage to come to a common decision, an appropriate agreement is drawn up. Afterwards, an order is created and an entry is made in the labor record “by agreement of the parties.” A sample filling looks like this:
Such a record has the usual attributes - serial number, date, basis. The text itself contains a reference to the Labor Code of the Russian Federation, namely to paragraph 1 of Art. 77.
The responsible person puts a signature, seal, and familiarizes the employee, who also puts his signature.
Documentation changes
Necessary actions within the company itself are carried out in accordance with the order for personal activities and include:
- Preparation and approval of new forms (both general and for individual documents). Old stocks must be destroyed.
- It is necessary to order the required number of seals and stamps (both the main seal and auxiliary ones: for the personnel department, accounting, for references). In this case, they are guided by the current instructions on seals and stamps.
- Old seals are destroyed, which is usually issued by a special order and carried out on commission, with the drawing up of an act. The records and logbook are kept by the person entrusted with such responsibility.
Recording in the labor record upon transfer to a separate unit
A branch is not a legal entity different from the head office (Clause 3, Article 55 of the Civil Code of the Russian Federation). That is why, when an employee is sent there to work, an entry is made in the labor “transfer to a separate unit.” In this case, it will not be possible to make records of dismissal and hiring, as this will be a mistake.
If the branch is located in another area, then this also needs to be written in the work book. You will have to indicate this data in the employment contract concluded with the employee, or make changes to it. The employment record for admission to a separate unit should look like this:
As you can see, the entry is quite standard, it has a serial number, date, basis and the text of the information entered.
In what cases does the name of a legal entity change?
According to paragraph 3 of Art. 1473 of the Civil Code of the Russian Federation, each organization must have a name, which is indicated in the charter documents. But sometimes in the course of a company’s activities situations arise when it has to change its name. The reasons for this can be very different:
- reorganization with the separation of a new legal entity or, conversely, the merger of two enterprises;
- the owner’s desire to change the old company name to a more sonorous one;
- change in the organizational and legal form of ownership.
Regardless of the reason for changing the name, first of all it is necessary to make changes to the Unified State Register of Legal Entities and statutory documents - only after this the company will be considered renamed.
Changing the name entails the need to make appropriate changes in the organization’s documents, including personnel documents.