Change date of birth in work book sample

Art. 66 of the Labor Code obliges all employers who enter into employment contracts with employees to issue new work books (hereinafter referred to as LC) to citizens who have not previously worked, to make changes to the Labor Book if inaccurate or unreliable records are identified (hereinafter referred to as WP), as well as to carry out accounting and storage of technical equipment in the manner established by Section 6 of the Rules for Maintenance and Storage..., approved by Resolution No. 225 of April 16. 2003 (hereinafter referred to as the Resolution).

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (499) 938-81-90 (Moscow)

+7 (812) 467-32-77 (Saint Petersburg)

8 (800) 301-79-36 (Regions)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

Who can contribute

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.

What to do if the year of birth is written incorrectly in the work book?

In this situation, there are several ways to solve the problem:

1. If a discrepancy is detected immediately and a large number of entries have not been made, then it is better to reissue the work book.
2. Correct the entry.

The HR service should know how to correct the date of birth in the work book. The employer can make adjustments at the current place of work or where the mistake was made. When an employee makes such a request, they have no right to refuse him. In the event that an organization is reorganized, the correction must be made by its legal successors. If a mistake was made by an individual entrepreneur, but his activities are terminated in accordance with the law, then the real employer can correct the discrepancy.

Read more: Is compensation paid for missed vacation?

It is very important that the work book is filled out correctly. Otherwise, a person may have difficulty receiving a pension. All revisions must comply with legal regulations and requirements.

How to correctly make an entry in the work book about an incorrect date of birth?

To correct the error, the employee must provide the employer or his authorized representative with a passport and birth certificate. Under no circumstances should you make entries in the work book yourself. Only a human resources employee or employer has the right to correct an incorrect date of birth. An erroneous date of birth is crossed out with one line, and the correct one is written next to it. It is necessary to make a note “Corrected Believe” and affix the seal of the organization.

The employee must personally verify the accuracy of the entry made. The inside cover must contain the details of the document that confirms the legality of the corrections made. The details must be certified with the personal signature of an authorized person and the seal of the organization.

How to correct the year of birth in the work book if the employer refuses to make corrections? In this case, the employee has the right to go to court. By decision of the court, changes will be made to the work book.

Disciplinary measures are provided for incorrect completion and maintenance of work books. The employer or his authorized person is responsible for this, which is documented.

Disciplinary measures can be applied to an employee on the following grounds:

• If there is an order or other document confirming the fact that the employee is charged with maintaining work records. He must be familiar with them, as evidenced by his personal signature.
• All responsibilities are clearly stated in the instructions.
• There must be a document confirming the violation of labor functions by the employee.

Disciplinary action must be carried out in accordance with the law. This could be a verbal reprimand, a reprimand, or dismissal.

The employer has the right to independently decide what kind of punishment to apply to the employee. But it must be adequate to the offense. In the case of the first violation, the employee, as a rule, is not fired. But they may be reprimanded or removed from performing these duties.

Any punishment must be accompanied by an appropriate order or other document, which must clearly state the reasons. After familiarization, the employee signs.

If an employee does not agree with a disciplinary punishment, he has the right to appeal it to special commissions and inspections. The application must be submitted within a month, but if the delay occurs for valid reasons, the period can be extended.

Financial liability may affect the employer if the employee lost possible profits due to the fault of the organization.

It is provided in the following cases:

• The employee did not receive the work book on time due to the fault of the employer.
• An incorrect entry was made in the work book, due to which the document was declared invalid.

When dismissing an employee, the employer is obliged to issue a work book. If this does not happen, the employer can exclude liability as follows. The organization must send a notice to the dismissed employee with a request to receive a work book. From the day the letter was sent, the employer is not responsible for late receipt of the document.

If an employee is deprived of earnings due to the invalidation of the work book due to an incorrect entry, the employer or responsible person must also compensate the employee for the loss. The amount is calculated based on average earnings and the number of forced absences of the employee.

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.

Procedure for making corrections

Regarding making corrections to the employee’s date of birth, the Instructions for filling out work books contain a fairly detailed algorithm, which, nevertheless, is general in nature for all such erroneous data.

The Instructions do not allow any crossing out, except for the employee’s last name, which has changed for some reason. Instead, the HR employee must take the following actions:

• based on the provided original passport and birth certificate of the employee, the correct date is indicated either in a free space on the title page itself or on the blank side of the spread;
• . ” The expression of this inscription can be anything, but the main condition is making corrections and recognizing them as legal;
• the written inscription is certified by an employee of the personnel department with a handwritten signature and a transcript of his name and position;
• certification is completed with the organization's seal . If for some reason the organization does not have a seal (for example, due to the use of recent changes in LLC legislation), then a stamp “For documents” will be required.

This is important to know: A copy of the work book certified by the employer: sample 2021

If we talk about certifying the authenticity of the corrective inscription on the title page, then an employee of the personnel department has the right to use a specially designed stamp on which he only needs to put his name and signature, as well as the date the correction was made. Such a stamp on top is also certified by the seal of the organization or the stamp “For documents”.

Crossing out is permissible if it is not possible to make corrections in any other way, or if correction in another way will make it difficult to read other entries on the insert itself or adjacent sheets of the main form of the work book.

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:

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:

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:

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).

Corrections in the work book: how to make changes, examples

After this, the personnel officer puts a personal signature and seal of the organization. How to make corrections in a work book? There are often situations when a surname change occurs. This may be due to marriage or, conversely, to divorce. To correct the last name on a document, the employee must provide reasons for changing it.

The personnel officer crosses out the old name with a straight line on the title page and writes a new one next to it. The details of the supporting document are indicated on the inside cover.

They must be certified by the personal signature of the employer or his authorized representative. The organization's seal must be placed next to it. The explanatory note must contain information about the reason for the change of surname.

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.

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):

How to correct the date of birth in a work book - sample

Signature of the owner of the book (signature) (Seal) Signature of the person responsible for maintaining work books (signature of the person responsible) (legible) Change of education[edit] Unlike the name and date of birth, new information about education and profession complements the existing ones, so no crossing out is not produced. The logic of such a norm in relation to information about incomplete education is not entirely clear, but according to the letter of the instructions - next to the incomplete higher education, we still only add the completed higher education.

Read more: How to extract wages from an employer after dismissal

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.

Sample of changing the date of birth in the work book

However, it is clear that such a reference is necessary (examples 4–6). When a work book is drawn up for the first time, it is very important to correctly write down the last name, first name, patronymic and date of birth of the person applying for work on the title page.

This information is of particular importance since this document does not provide a photograph of the employee. It is based on this information, when comparing it with passport data, that the work book belongs to a given citizen. Example 4 Adding information about education to the title page of the work book Example 5 Adding information about the profession to the title page of the work book Example 6 Adding information about the education and specialty received by the employee to the title page of the work book What to do if an error was made when preparing the title page Since the work record The book is filled out manually, it is difficult to avoid errors in entries.

Read more: How to sell a share in an apartment to the second owner