Sooner or later, any HR specialist is faced with the question of how to draw up an order to change the name. Perhaps one of the employees will marry or divorce, or for another reason, changes in personal data will occur.
Grounds
According to the provisions of Law 152-FZ, personal data include the last name, first name, patronymic, date of birth, and so on. If a citizen changes at least some information about himself, then he is obliged to make sure that all available documents are amended accordingly.
The current legislation provides that a person who wishes to change his name after marriage or for another reason, receives the appropriate document, and on the basis of it, a passport and other documents are changed. For the personnel service at the enterprise, such a document will be the statement of the employee, to which are attached copies of documents confirming the change of personal data.
Statement
Normative acts do not provide for a special application form. Therefore, it is compiled in free form, but must have the required details provided for these types of documents. In addition, it should indicate the desire of the employee to change data about him. Also, copies of documents giving the basis for issuing an order to change the name should be attached to the application.
The header of the application indicates to whom it is addressed - to the director of the enterprise - and who makes it up. The surname in this case is indicated, which is subject to change. The text of the statement may be as follows:
“In connection with marriage, I ask you to make changes to the credentials about me, namely, to change the surname“ ... ”to“ ... ”.
Applications:
- Copy of marriage certificate.
- Copy of the passport.
- Copy of TIN.
The application should be signed with the old name. Only on the basis of copies of documents and statements will changes be made to the documents of the enterprise.
Document structure
The order to change the name is drawn up in free form, in compliance with all the rules provided for administrative documents:
- company name;
- name of the document itself;
- date and place of compilation;
- brief description of the order;
- the preamble, where the grounds for issuing the order are prescribed (statement, details of documents);
- the administrative part, which indicates who and what changes should be made to the documents;
- signature and F. I. O. of the head;
- signatures and full name of the persons who should be familiarized with the order.
Order
The basis for changing the employee’s credentials for the personnel department is not only a statement, but also documents proving the identity and change of surname. Accordingly, before contacting the personnel department to draw up an order to amend the name and make changes to all documents for the enterprise, the employee must replace the passport.
A unified form of such an order at the level of regulatory acts is not provided. Nevertheless, Law 402-FZ stipulates that such a document should contain details of the primary documents, which are the basis for drawing up the order.
A sample order to change the last name should look like this:
First, the full name of the company is registered. Then the name of the document is written: “ORDER”, the date and place of compilation. Then a brief summary of the document is described: “On Amendments to Credentials”.
Then the motives for compiling the document are described. That is, the reasons are prescribed: “Based on the application of the name of the employee, the marriage certificate series, number, passport, I ORDER:
- To make changes in the accounting documents of the enterprise regarding ... (position and F. I. O.), namely, change the surname ... to the surname ....
- All changes must be made before ... (date).
- The order to bring to the attention of accounting.
Position, F. I. O. and signature of the head of the enterprise.
Familiarized with the order: .... ".
It is recommended to familiarize the employee with the order in relation to which the order is issued.
If we are talking about a school or preschool institution, then the order to change the student’s last name may have the following wording: “Make changes to the credentials of the group’s pupil from the surname ... to the surname ...”. In this case, the basis for drawing up the order will be a new birth certificate and a statement from the parents.
The class teacher, the teacher responsible for the personal affairs of children, on the basis of the order must make the appropriate changes to the personal file of the child who changed his name.
What to look for
Regardless of the termination or marriage, the sample order to change the name must contain the new and old surname of the employee. Mandatory with such a document should familiarize the accounting department, which makes the appropriate changes to the settlement documents for the enterprise.
registration
The order to change the name is a document on the personnel. Accordingly, it should be registered in the journal for the accounting of documents on personnel.
Dates
First of all, the order in connection with the change of surname must be drawn up no later than three days from the date of submission of the application by the employee.
A fairly frequent question is what date to indicate, that is, when the changes occurred, from the moment of filing the application or from the moment of receipt of the marriage certificate or its dissolution. In fact, the date by which the statement was made is indicated. Without the personal consent of the employee, the personnel department is not entitled to amend any document.
What documents are being amended
In addition to the order, the personnel officer must make the appropriate changes in a number of documents on personnel:
- In the work book. Information about the new surname is entered on the front side, neatly. The old surname is crossed out with a thin line so that the record can be viewed, and a new surname is written above. The basis for making a record is an order, the details of which are entered on the cover, certified by the signature of the director or head of the personnel department, and a seal. You will also need to make a reference to the certificate of marriage or its dissolution. On the other hand, there are no clear requirements where exactly the reference to the details of the document confirming the change of surname should be affixed, therefore, this mark is put on any free place. If there is not enough space on the second page of the cover, then the entry is made on the third page.
- In the T-2 card. The entry is made in the same way as in the work book.
- In the employment contract. An additional agreement is made to the document. You can also make direct changes to the contract itself, in the same way as in the work book. Mandatory changes must also be made to the copy of the contract, which is stored by the employee. An additional agreement can be formulated as follows: “In paragraph 1 of the employment contract between the“ Enterprise ”and F. I. O., No. and date, replace the surname ... with the surname .... The conditions not covered by this additional agreement remain unchanged. ”
- In a personal file, in which it is necessary to attach copies of a document with a new surname (passport, marriage certificate).
In addition, the employee will need to make appropriate changes to the certificate of pension insurance and the bank.
Also, do not forget that a new surname must be entered in all local documents, including a time sheet, vacation schedule, a work book.
But, most importantly, it is the employee whose personal data has changed that must ensure that the employer makes all the relevant changes so that there is no further confusion.