An order to change a surname in connection with marriage is a document often signed in women's groups. In addition, even male employees sometimes change their last name for this reason. And a change in the last name leads to a change in the information about the employee in the personnel service.
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Do not forget about changing the surname in accounting, which concerns this employee, etc. Thus, any self-respecting organization should have a sample and form for filling out this order.
Reasons
In order for the head of an institution to issue an order to change a surname in connection with marriage, not many documents are needed. An application from the employee herself, her passport and marriage certificate will be sufficient.
All papers are attached to it when filling out the document. The marriage certificate is provided in the form of copies, and you will need two of them. One is certified and filed in the employee’s personal file, the second is attached to the order to change the surname in connection with marriage (as a basis). According to Federal Law No. 143-FZ of November 15, 1997, marriage is formalized with the appropriate documents. A record of this fact will always be in the hands of the employee who wishes to change his last name.
Please note that the formation of an order is possible only after the employee receives a passport with a new surname. Issuing an order earlier than this period will be a violation.
An employee changes his last name, how to formalize changes in personnel documents
Moreover, what will the parties agree on in the agreement? About changing your last name? Yes, it sounds ridiculous, but nevertheless, we still advise making changes to the employment contract. Let me explain my opinion with an example. Let's say the employment contract with the employee who changed her last name was not changed.
After some time, it became necessary to conclude an additional agreement with the employee (for example, the place of work changed). In the additional agreement to the employment contract with Astakhova’s employee, a new surname (Rychkova) will already be indicated.
There will be confusion (primarily for the personnel officers themselves): the employment contract was concluded with Astakhova, and the additional agreement to it was concluded with Rychkova. An analogy can also be drawn with civil law, where it is stipulated that an agreement to amend or terminate a contract is made in the same form as the contract (that is, in our case, in writing).
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.
Grounds for changing an employee's surname
The reasons why employees can change their last names are quite varied and all of them are fixed in the country’s regulatory framework. Thus, the desire to acquire a new surname may be caused by the dissonance of the previous one. The law also allows such changes due to a person’s religious beliefs or for other reasons of a subjective nature.
For an employer, the most common example that should be paid attention to is the marriage and divorce of his subordinates.
If a change of surname is approved by the competent authority in any of the above cases, the citizen is obliged to independently notify all institutions where changes need to be made. One of them, of course, is the place of work.
Within an enterprise, such a procedure is usually regulated by a local legal act. Among other things, they also establish liability for late notification of a change of name.
It is possible to bring an employee to disciplinary liability only if the LNA (local regulations) directly establishes the need and timing for employees to report changes to the administration.
Also, the duty may be specified both in employment or collective agreements, and in the job description. It is important that all employees of the enterprise are familiar with such LNA.
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.
How to correctly draw up an order to change a surname
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The order is issued on letterhead, which must contain the name of the organization, its address and details. Next, the name of the document, its serial number, place of execution and date of preparation are indicated.
Below is filled in the title of the order, which should reflect the essence of this event.
It is advisable to indicate the reasons for its issuance in the preamble of the order.
The administrative part records the position and personal data of the employee who changed his last name, and a list of documents that need to be corrected. And also the date by which this must be done.
There should also be a record of mandatory notification of the employee about the need to change the TIN, SNILS, and bank card.
The order must indicate the responsible person who must monitor its implementation.
The document is signed by the director of the company with a description of his position and personal data. After familiarization, it is visaed by the employee who changed his last name and the person in charge, indicating their positions and full name.
Dating
Often the dates of this document raise questions. The personnel officer has three dates: when the marriage certificate was issued, when the employee received a passport with a changed surname, and when he submitted an application to the personnel department with a request to make changes.
Attention! A correctly executed order must be dated the third day (no later than three working days from its submission): when the employee expressed a desire to change documents. Until this point, the organization does not have the right to make any changes to the personal file or anywhere else.
Procedure for making changes to documents
Based on this order, the HR inspector makes changes to the company documents. First of all, this is the employee’s work record book, the work record book, the employee’s personal card or personal account, and the vacation schedule. The change of surname must also be reflected in the employment contract; for this, an additional agreement is concluded with the employee, which specifies this change. However, you need to remember that a new agreement can only be drawn up on the basis of a passport with already changed personal data.
Also, adjustments are made to electronic databases for personnel records, calculation and payment of wages. exactly what to change when changing your last name by tracking what exactly the employee does at the enterprise by looking at his job description (for example, he may be appointed responsible for some area of work). Sometimes this event requires a change in the staffing table or the issuance of an order to amend previously existing orders, or, in general, the issuance of a new order.
In addition to the documents created in the organization’s personnel records, he also has those issued by the department of the Federal Tax Service and the Pension Fund of the Russian Federation, so the question arises: “Do I need to change the TIN when changing the last name and the SNILS number?” . Many employees forget about this, and then problems arise for the enterprise during the reporting period when submitting information containing these numbers (2-NDFL, information on employees to the Pension Fund of the Russian Federation). Please note that SNILS and TIN numbers do not change when changing your last name, but the relevant authorities need to correct your personal data so that they correspond to each other.
It is also necessary to remind the employee to receive a new bank card if wages are transferred by bank transfer. It is not necessary to make changes to certificates and diplomas of education. They are valid upon presentation of documents confirming the change of surname, for example, a marriage certificate.
Where and how adjustments are made
For the normal functioning of the organization, the employee’s last name will have to change to:
- Work book. This is stated in paragraph 26 of the Storage Rules, which were approved by Government Decree No. 225 of April 16, 2003. Moreover, changes are made carefully. On the front side of the work book, the surname is crossed out with one line (so that the previous one can be read). And information about why this is being done - a link to the order with the number and date - is placed on the inside cover. Everything is certified by the “autograph” of the manager or head of the personnel department and the seal of the organization.
- Personal employee card in form T-2.
- In a personal matter. It will need to contain a copy of the marriage certificate.
- Employment contract. To do this, a separate additional agreement is drawn up with the reasons for changing the surname. There is another option - to rewrite the entire contract again with a new name.
- Certificate of compulsory pension insurance. In connection with the Resolution of the Pension Fund No. 195p dated July 31, 2006, both the employee himself and the HR employee of the company in which he works can change the information in this document.
- Bank card.
The last two points are fundamentally important only for those organizations where employee wages are calculated directly to a bank card.
What else you need to know
Change of signature
The personnel inspector must not only make changes to the last name in the documentation, but also obtain a new sample signature from the employee; this should not be forgotten.
Returning a surname in case of divorce
It happens that after a marriage is dissolved, they return to the surname that was before the marriage. In such cases, it is necessary to indicate that the marital surname has been replaced by a premarital surname, on the basis of a divorce certificate.
Example:
Making an entry for remarriage
The next marriage must also be reflected in the work book, just like the first.
If a change of surname occurred during a remarriage with the same person, then the record indicates that the old one was changed to a new one on the basis of a marriage certificate, just as when it was returned upon divorce.
How to correct incorrectly made changes?
The instructions contain information on how to correct an erroneous entry, but there is no information regarding the title page.
The procedure for correcting a worker’s identity parameter in the work book is discussed in paragraph 26 (Rules) and paragraph 2.3 (Instructions). They report that the surname can be changed on the basis of personal documents, but do not describe how to correct errors.
If the employment form is being drawn up for the first time, then if it is filled out incorrectly, it must be destroyed.
This is discussed in paragraph 42 of the Rules. In accordance with clause 48, the employer must pay for its replacement.
But what if the work book already contains records from previous places of work? In such cases, it is necessary to make changes with the note “instead of the erroneous one” signed and stamped.
You should always remember that, first of all, the manager is responsible for recording and storing work books, because he appoints the HR staff. Officials appointed by him for violation of accounting or storage are subject to disciplinary penalties and other sanctions provided for in legislative acts.
Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website. All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
Divorce
In the case of divorce, the situation follows exactly the same pattern. The main thing is to wait until the employee of the organization receives a divorce certificate and a passport with updated data in hand.
Last name, first name or patronymic may change due to other reasons. An employee can change his full name at any time on his own initiative. Only the reasons for issuing the order will change depending on the reasons. There will be no significant changes to its content. In the cases described, it would be correct to rely on the order to change the surname in connection with marriage.
Procedure for applying the order
To register new personal data in the company, the manager needs to issue an order to change the last name. Its draft is prepared by a personnel service employee and submitted for approval to the director of the organization. After this, the order is recorded in the order registration book. This order must be familiarized with the employee's signature. The order to change the surname is copied, and its copies are given to all officials who need this information.
Source
- a copy of personal documents;
- a document with an old surname;
- certificate of marital status.
The pension fund issues a new certificate within 30 days. The employer receives it and gives it to the employee. If the employee has a health insurance policy, then it must also be changed. When changing your last name, you must provide the insurance company with new information. The notice period is 30 days from the date of changes. The documents required for the change are similar to those provided when changing SNILS.
Driving documents must be changed in person at the traffic police department. The cost of the procedure is 2000 rubles. You can receive a new document on the day of application if you provide the following documents:
- passport;
- photograph of the established size;
- document with outdated data;
- certificate of marital status;
- receipt for payment of state tax.
There is no need to change vehicle documents immediately after changing your personal data. However, selling a car with old documents will not be possible. The car's passport is changed at the traffic police upon payment of the state fee and presentation of documents indicating a change in surname.
However, all these changes, if appropriate supporting information is available, must be recorded in personnel records and the documentation must be adjusted.
Order to change surname after marriage sample download
As a rule, this is extremely necessary in large corporations. This procedure must also be carried out for labor inspectorate employees (very often such documents may be required during inspection).
You need to remember that the completed application should be signed with the same last name.
This is explained by the fact that until the document comes into force, the employee is listed under her old initials in all documentation.
There is also one interesting and important point: what date should the order to change the current surname be drawn up? After all, the marriage certificate indicates the date of the wedding day, but a new passport is issued at least a few weeks later (on average thirty-one days).
Among other things, the employee can bring all these documents much later than the date of their issue (for example, only after a long vacation).
Instructions of the Central Bank of the Russian Federation No. 28-I); new director's passport.
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The timing for replacing a bank card is usually specified in the agreement with the bank. Note that the director’s signature on a new bank card can be certified both by a notary and by the bank itself (clauses 7.12 and 7.13 of the Instruction of the Central Bank of the Russian Federation No. 28-I). For certification, you will need a passport and a “fresh” extract from the Unified State Register of Legal Entities.
We inform partners.
Don't forget to notify your counterparties that the general director has changed his last name. After all, it is the director who signs all contracts and acts as the first person of the company.
Sometimes the condition for the need to report changes is enshrined in the contracts with partners themselves.
The employee's last name is considered personal data. When changing the surname of an employee of an enterprise, it is necessary to make changes to all documents containing his personal data. An employee could change his last name for the following reasons: marriage or divorce, as well as a personal desire to change his own last name.
Changes in documents containing the employee’s previous surname are made on the basis of an application or order from the employee to change the surname, which he draws up in printed or handwritten form.
Copies of all documents confirming the fact of change in personal data are attached to the application. The application is drawn up in free form.
— standard header of the order for personnel;
— the title of the order to change the employee’s surname: here the order should be called more correctly.
This is stated in paragraph 26 of Resolution No. 225.
[1]
Clause 2.3 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69, explains the technology for making such changes to the work book. On the first page (title page) of the work book, the previous name is crossed out with one line and new data is entered next to it in legible handwriting. On the inside of the cover (in any free space) the following entry is made: “Astakhov’s surname has been changed to Rychkov’s surname on the basis of the marriage certificate C1 N Ba555, issued on March 18, 2008 by the Kurovsky OZAGS, Orekhovo-Zuevsky district, Moscow region.”
Below is the signature of the employer or a person specially authorized by him (in particular, a personnel employee), as well as the seal of the organization or personnel service.
2.
Therefore, when changing the surname (+ first name and/or patronymic), the Pension Fund issues a new certificate of compulsory pension insurance instead of the previously issued one. In this case, the individual personal account number will remain the same.
In the situation of changing your surname due to marriage, you can go through the procedure for exchanging a certificate personally or through your employer. Although a strict obligation to replace it is not established by law.
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In what order are changes made?
Changes in the work book are described above. Adjustments to other documents must be made in accordance with the established procedure.
Important
Corrections in the employee’s personal card are made in accordance with the issued order. In this regard, in various organizations the procedure for making changes to a personal file has its own nuances. An employee’s contract with a company is usually changed by concluding an additional agreement.
It indicates the data to be changed and the reasons for making adjustments. Enterprises introduce them at their own discretion, since there is no single standard.
If the surname of management persons (manager or accountant of the organization) changes, you must inform the tax organization about this.
The order is issued no later than three days from the date of the employee’s application. In this case, it is a mistake to take the wedding date into account.
Changing personal data is possible only after receiving a passport.
- According to the regulations, orders are recorded in the Order Register.
- The order to change personal data must be brought to the attention of the employee and the accountant (against signature).
Which working documents need changes?
Every person in our country, according to the law, can exercise their right to change their last name or first name. Most often this is done by women who either get married or divorce. At a company, all personal data of an employee is reflected in many documents of the organization, which must be corrected upon presentation of confirmation.
04 April 2020, 20:07
An employee of the organization got married. An order to change the surname is urgently needed. After all, now she must go through accounting under a new name. In addition, changes need to be made to personnel records. We will talk about this in the article and provide a sample order.
The main task of the HR department is to properly organize the work of employees and timely register changes in their personal data and social status. It is the employees of this department who make adjustments to existing papers. An order to change a surname after marriage, a sample of which we have on our website, is issued by the head of the enterprise.
The basis for its publication is a written statement from the employee that he has decided to change his personal data. A person is obliged to warn his employer about any innovations in his life. An order to change a surname after marriage, a sample, which we have on our website, is issued on the basis of a written application from the employee; the application form is also available on our Internet resource.
HR department employees file copies along with the application for a name change, which resulted in the employee’s marriage, and make appropriate adjustments to the documents. The data that existed before the official marriage was crossed out with one line and the surname, the one provided for in the marriage registration certificate, is written next to it.
The procedure for changing information in regulatory documents is clearly regulated by the Labor Code. It is also necessary to note the point that if a person has changed his signature, then the manager’s order, a sample of which can be viewed online on the pages of our Internet portal, must say that the signature in all documents that require it is also subject to change.
- Receiving from the employee copies of documents confirming the change of personal data, along with an application for making adjustments to the accounting forms. It is recommended to take an application from the employee, but you can do without it.
- An order is issued to change the surname. Its mandatory nature is not prescribed by law, and there are no clear rules for drawing up orders. But during inspections by the labor inspectorate, this document may be requested.
- Updating personal data about an employee in his work book.
- Changing the old last name to a new one in the form of a personal card, which is maintained in the T-2 form. This is done by crossing out the previous data with one line. Next to the crossed out information, current information is written down and confirmed by the signature of a personnel specialist.
- Making adjustments to the working time sheet.
- Update information in the approved vacation schedule.
A sample order to change an employee's surname must correspond to the standard template of orders from the head of the enterprise, which is used in the company's office work. In the work book, on the title page, the employee’s previous surname is crossed out with one line, and the new one is written next to it. It is important that both versions can be read. On the inside cover it is indicated on the basis of which document the last name was changed.
There is no basis for drawing up an additional agreement to the employment contract - the working conditions do not actually change. At the final stage, the updated employee data is entered into accounting programs. This is necessary so that the payroll statement contains up-to-date information, and the passport details with the person’s changed surname are included in the reporting documentation.
Issue an order to change your surname in connection with marriage in any form. The document is needed for accounting and other structural units.
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Indicate the name of the organization, the date and place of drawing up the order to change the surname, the registration number of the document, the old and new surname of the employee.
Attention! If the employee's last name changes, the personnel number remains the same.
The order to change the name is signed by the head of the organization or another person authorized by him. Introduce the order to the employee, as well as HR employees, the chief accountant, the head of the security service, the IT department and other employees (if necessary).
Order to amend accounting documents in connection with a change of employee's surname
Preparation of accounting documents
In the case when accounting in an organization is carried out using software, it is enough to change the last name in the program, after which it will automatically change in all electronic documents.
If records are kept on paper, corrections will have to be made manually in each document where the last name is indicated.
Replacing SNILS
Within two weeks from the moment the employee receives a new passport, he must receive a new SNILS insurance certificate at the pension fund branch.
The legislation leaves the right of choice to the employee when replacing SNILS: either he applies to the Pension Fund on his own, or entrusts this to the employer.
In most cases, the accounting department is responsible for obtaining a new SNILS, so it is important for the accountant not to miss the submission deadline.
To obtain SNILS, an accountant must fill out and submit the following documents to the fund branch:
- application for exchange of insurance certificate (form ADV-2);
- inventory of documents (form ADV-6);
- old employee certificate;
- copy of the employee's passport.
Important! In the application on form ADV-2, the employee puts his signature.
Within a week from the moment of receiving the completed certificate, the accountant must provide it to the employee and send the accompanying statement back to the fund branch, which he received there simultaneously with the completed certificate.
Employee's personal account
Employee's personal account (forms T-54 and T-54a) is an internal document of the employer containing information about all payments and deductions to the employee based on primary documents (sick leave, waybills, reports, orders for piecework, etc.).
A personal account is opened and maintained by an accountant throughout the entire period of the employee’s employment.
Changes to the T-54 form are entered in the same way - by crossing out the previous name with one line and indicating new data next to it.