The employee’s work book has expired, trace. The entry must be a record of the renaming of the organization., Vologda

Why change the name of the organization

The name of a company is not only its “face” and a recognizable brand, it is also a legislative act.
By assigning a name to an organization, the owners or founders record it in various legislative documents, thus distinguishing themselves from other legal entities. In addition, the name also carries a psychological message. For what reasons may it be necessary to “re-baptize” an organization:

Desire of managers. If suddenly a new interesting and bright idea has appeared that best suits the activities of the organization, with which all the founders agree, then why not change the outdated name?
Market trends dictate . Economic conditions are very dynamic, and their changes may require a change of course, which may also be expressed in the name.
Reorganization. The company merged with another, split up, changed the direction of its activities - in any case, the old name no longer reflects its essence and needs to be replaced.
The court's decision. Sometimes a name change may be forced, for example, if errors were made in assigning it or it is similar or identical to the existing name of another organization.

Whatever the reason for renaming, it should be done using the same algorithm.

Translation or renaming?

If all changes (renames) have been officially made to the staff, then a similar entry must be made in the work book approximately in the following form: “Radiological Department of the Security Service” has been renamed to “Radiation Safety Department”.

Some personnel officers believe that records of a change in the name of a department should be prepared in the same way as records of the transfer of an employee to another department.

There are some reasons for this opinion, since the transfer of an employee to another department is considered a change in one of the essential terms of the employment contract, which is the name of the department.

Deciphering this complex wording, we can say that the name of the department (division, service, directorate) and the position occupied by the employee are indicated in the contract, therefore they are its essential conditions. And any change in the essential terms of the contract (it does not matter what kind of work the person performs) is traditionally considered a transfer among old personnel officers and is formalized in this way in the work book due to the fact that the Instructions have not developed a clear definition on this matter.

Indeed, in the Instructions there are no indications of such entries as “department ... renamed.” Therefore, a change in the name of a department, department, directorate or division is often formalized as a transfer. However, it is more reasonable to write in the employment document not “Transferred to the Radiation Safety Department,” but as indicated above.

Although the Instructions do not clearly state the entry in the work book due to a change in the name of the department, it is necessary to distinguish between a change in the department itself and a change in the name of the department in which the employee works.

A change in the department itself (its composition, functions, etc.) will entail a transfer record. A change in the name of the department will be considered a transformation of the essential terms of the employment contract, which are not related to the transfer and do not require the mandatory consent of the employee.

Changing the name of the department (if the condition of working in a specific department was included in the contract signed with the employee) can be classified as a modification of its conditions (paragraph 3 of part 2, paragraph 2 of part 4 of article 57 of the Labor Code of the Russian Federation).

These changes can be made:

by agreement between the employee and the administration}
by order of the employer in connection with the transformation of organizational working conditions (Article 74 of the Labor Code of the Russian Federation).

If the job responsibilities and functions of employees have not changed after changing the names of positions or departments, and in reality the employees do not move to other departments (that is, there was no merger or reorganization of departments), then in this situation there is no need to register the transfer.

Renaming and reorganization

In some cases, the enterprise undergoes a reorganization, but employees still do not move to new divisions, but remain at their jobs and continue to perform their previously defined functions and responsibilities.

For example, the company had two plants, but now only one remains, because the second plant was sold (closed, liquidated, etc.). Please note that the employees of the remaining plant continue to work in their old places and the functions they perform have not changed.

But the company underwent a reorganization, and many divisions were renamed. For example, the “Refining Shop of Plant No. 1” became simply called the “Refining Shop”, the “Mechanical Workshops of Plant No. 1” became simply “Mechanical Workshops”, and so on.

And in the opposite case, if one plant is divided into two, or one department has turned into four services, a transfer must be formalized, since the employees actually move to another department.

Employment history

The Labor Code and some by-laws impose requirements on organizations and individual entrepreneurs to compulsorily record the work activities and length of service of their employees.

Based on the provisions of Article 66 of the Labor Code of the Russian Federation, the work book is the main document for such accounting.

The form and procedure for maintaining work books are approved in two regulatory legal acts:

Rules of conduct approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules);
Instructions for filling out, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (hereinafter referred to as the Instructions).

Think before you name

There are a number of legal requirements for the name of an organization, and along with them, unwritten rules, compliance with which will not only avoid mistakes when registering a name, but also increase its effectiveness.

Any organization has a full and abbreviated name, distinguished by the decoding of its legal form: LLC, CJSC, State Unitary Enterprise, Municipal Unitary Enterprise, OJSC, JSCB, etc. (Article 54 of the Civil Code of the Russian Federation).

Some organizations are required to indicate in their name the nature of their main activities:

credit organizations - the name must use the word “bank”, “banking”, etc., and if it is contained in the abbreviation of the full name, for example AKB, it is no longer necessary to insert it into its name;
insurance companies - you need to use word forms of the words “insurance”, “reinsurance”, “insurance broker”, etc.;
pawnshops, exchanges – it is necessary to use these words and/or their forms in the name;
Non-profit organizations (religious, public, consumer, etc.) by their name must indicate what they do.

ATTENTION! The word “clearing” in the name may be used exclusively by clearing organizations and no others. Similar requirements apply to the words “exchange” and “microfinance organization”.

The following cannot be included in the title:

words denoting government bodies at any level (except for organizations established with the participation of the state);
previously registered names of international and intergovernmental associations;
words and combinations that do not meet the requirements of morality, humanism, and the interests of society.

Some words require special permission to be used in the title.

The organization must be named exclusively in the state (Russian) language. This requirement does not exclude the possibility of using foreign words, but only in Russian transcription.

IMPORTANT! The name of the organization is considered registered and “occupied” from a legal point of view from the moment it is entered into the Unified State Register of Legal Entities. Only from this moment can it begin to be used for its intended purpose: indicated in advertising, on product packaging, in documentation, etc.

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.

Step 4 Informing other authorities. After the new certificate is issued, you need to send notices and receive responses from:

off-budget funds of the Russian Federation (Pension, social insurance and compulsory health insurance);
Rosstat (you will need to obtain new statistics codes, for which you need to contact the territorial office - this body does not send them out on its own initiative);
FSFM of the Russian Federation - this is only necessary for joint stock companies (notification is sent in a special form given in the relevant standards).

Step 5 Notification of counterparties. After the official authorities, the news about the name change must be communicated to other interested parties: partners and especially banking organizations. Often such a condition is even included in the contract with the organization. The bank will definitely need to change the card on which there is a sample seal and director’s signature (the seal will also have to be updated).

Step 6 Updating permits and licenses. To continue activities in the previous format, you need to re-obtain the necessary permits, already issued for a new name. The exception is ownership rights to real estate and vehicles - it is not necessary to re-register them, it is enough to attach the appropriate certificate of renaming.

Step 7 Internal orders. After all the external steps, you need to implement the new name at the enterprise itself:

issue an order to abolish the old name and assign a new name;
notify employees about it;
organize the production of company letterheads with new details, seals, company stamps and disposal of old ones.

Step 8 Editing employment contracts and books. These defining documents must be brought into line with the current state of the company, because they were created under an old, no longer valid name. Other conditions are not subject to change during this change, therefore there are precedents indicating that it is not necessary to fix changes in employment contracts. The organization independently chooses the following course of action:

leave the employment contract unchanged, because changing the name of the company does not affect the labor relations of the parties;
make changes to the main text of the document;
draw up an additional agreement.

The entry in the work book must be changed. The entry is made in column 3 of the “Work Information” section according to the scheme “The organization “old name” changed its name to “new name” from the date (specify). Additionally, in column 4 the details of the order or protocol on renaming (number and date) are written.

FOR YOUR INFORMATION! A serial number is not needed for this entry, so the first and second columns remain empty.

Important nuances of making changes to the work book:

the employee filling it out must have legible handwriting to avoid discrepancies;
grammatical errors, corrections, and crossing out entries are unacceptable;
Only blue or black paste is suitable for filling, but not other colors;
the language of the recording must be exclusively Russian (or belonging to a republic within the Russian Federation);
Before making changes to the work books of employees, a corresponding internal order must be issued, which will become a direct basis for this (an order specifically on renaming the company, and not on rewriting in the work books).

Changing the name of an organization does not affect the working conditions in any way, that is, it does not directly affect hired personnel. Therefore, the rename entry is made only in the work book; there is no need to make any additions to the employment contract.

Sample entry in a work book

The information must be entered in column 3 of the “Work Information” section. The entry will have the following form: “The organization “Former name” is renamed to “New name” from the XX day of the XX month of the year 20XX.” For example, Planeta Detstva LLC has been renamed Obuchalkino LLC since May 12, 2021.”

Column 4 contains the details of the document that served as the basis for the renaming - the number of the order or instruction of the management, the number of the minutes of the general meeting of shareholders, etc. The date should also be written next to the number.

The record of a change of name is not numbered, so columns 1 and 2 should be left blank.

In what cases is it necessary to make an entry in the work book about renaming an organization?

If the name of the organization is changed, changes must be made to the work book.
The name may change for various reasons . This may be a forced change of name, a change as a result of the reorganization of the company, namely the acquisition, affiliation or division of one organization.

One way or another, but if either the name or the form of the legal entity changes. Changes to the labor regulations are made immediately as soon as the corresponding order is issued.

Grounds for making changes to the work book

According to the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, the work book of each employee must contain the full name of the organization and an abbreviated version (if available). In this case, you cannot enter only an abbreviated name without indicating the full name.

This means that after the company where the employee works has changed its name, this must be reflected in the work book.

The basis for making changes to the work book will be the internal administrative document on the change of name. This could be an order, resolution, decision of a meeting of founders, etc.

Only after the publication of this document can new entries be made in the work book.

Grounds for making changes to the work book

This means that after the company where the employee works has changed its name, this must be reflected in the work book.

Find out more about the procedure for filling out work books here.

The basis for making changes to the work book will be the internal administrative document on the change of name. This could be an order, resolution, decision of a meeting of founders, etc.

Only after the publication of this document can new entries be made in the work book.

ATTENTION! Starting from 2021, employees have the right to choose the method of maintaining a work record book: paper or electronic. If the employee has chosen the electronic option, then information about the renaming of the organization must also be reflected in the SZV-TD.

ConsultantPlus experts explained step by step how to do this correctly. To do everything correctly, get trial access to the system and go to the Typical Situation. It's free.

Basic requirements for making entries in the work book

When making changes to an employee’s work book, you must follow the Instructions for filling out work books:

Entries in the work book are made only in blue, purple or black ink; the use of other colors is unacceptable.
The entry must be made in legible handwriting, without factual or spelling errors.
All numerical entries are entered in Arabic numerals only.
All entries must be entered in full; abbreviations are not allowed.
You cannot make corrections in records by crossing out or shading an error, and you cannot use a proofreader.

All these rules will equally apply to changes in the name of the organization.

Nuances of making an entry in the work book about renaming an organization

Depending on the reason for the change of employer's name, in some cases not all employees will need to change records.

Example

A reorganization took place, and the Romashka enterprise merged with the Nezabudka enterprise. Accordingly, the new legal entity will now bear the name “Romashka”. Only Nezabudka employees will need to make changes to the work book; Romashka employees will not need to make new entries, since the name of their employer has not changed.

This example should not be confused with a situation where one organization is liquidated and its employees are transferred to another. In this case, there will be no record of the change. The employee will need to be fired from one enterprise and hired into another, indicating the grounds.

Regulatory documents

Despite the fact that renaming an organization in workers’ work books falls within the spectrum of labor relations, alas, this time the labor code is not of any help to us. It is successfully replaced by the civil code, article 54 of which states that each organization must have its own established name.

If a change such as a change of name occurs in an organization, then Article 52, paragraph 3, . It states that before an organization is considered renamed, it must be renamed in its constituent documents.

The Civil Code also contains information about in what cases the name may change. In addition to the banal desire of the employer to find a bright name, such an action may be associated with reorganization, merger, accession, division, acquisition and other actions that occur during the interaction of two or more large organizations.

In this case, the name changes not only at the whim of the founders, but also for reasons of the new structural unit of the single enterprise and each organization separately.

The instructions for maintaining and storing work books established by the government of our country, as well as internal instructions for personnel department employees, will tell us how to enter information into work books that the name of the enterprise has changed

Based on these three acts, we will consider the problematic issue, and most importantly, we will give examples of correctly filling out the labor form.

The procedure for making an entry about changing the name of the employer in the work book

The information is entered in the empty line that follows the last entry, regardless of what kind of entry it is (for example, about admission and dismissal from external part-time work).

Columns 1 and 2 of the work book are not filled out.

In the 3rd column of the work book, where information about the work is indicated, an entry about the renaming is made. It should contain the following information:

old name in full;
new name in full;
date of renaming;
reason for renaming;

An example of an entry in a work book about renaming an organization at the request of the owner:

Limited Liability Company "Romashka" was renamed into Limited Liability Company "Forget-Me-Not" from 06/01/2021 due to amendments to the charter documents.

An example of making an entry in a work book during reorganization with the creation of a new legal entity:

The limited liability company "Romashka" was reorganized with the separation of a legal entity into the limited liability company "Forget-Me-not" from 06/01/2021.

An example of making an entry in a work book when changing the legal form of an enterprise:

Open joint-stock company "Romashka" was renamed into public joint-stock company "Romashka" from 06/01/2021 due to amendments to the charter documents of the organization.

In the 4th column the basis for the renaming is indicated, its name, date and number, for example: order No. 58 dated 06/01/2017.

The procedure for recording information about making changes to the work book when changing the name of the organization is regulated by clause 3.2 of the Instructions for filling out work books and does not depend on the form of ownership of the organization.

The Importance of Renaming

It is necessary to indicate changes in the names of departments in the work book in order to avoid problems with future confirmation of experience. It is also important to indicate information about the renaming of the unit, because this may be associated with the provision of various benefits.

The company's management is obliged to determine the production to which the work performed relates, confirm the employee's employment in a certain department, directorate or division and establish the correspondence of the employee's position title to the profession provided for in special lists of production, work and professions that give the right to preferential benefits.

That is why it is so important to correctly make entries in the work book about renaming the unit.

What does such a change entail?

Changing your name entails many different types of actions . They are associated with changes in papers that are somehow important for the organization.

Changing the name of an organization entails a change of name in banking structures and tax authorities.

Now also the documents of employees that are in personal files and in which there is a mention of the organization must also be subject to change.

Various types of entries are made in the work book. They relate to hiring and dismissal, as well as rewards, reprimands, and so on. The issue of changing the name of the organization did not pass over the labor worker .

It is on the employment form that, first of all, a new name must be entered so that upon dismissal the employee does not have questions about why he went to work in an organization with one name and with one registered legal entity, but, judging by the writing, leaves a completely different organization.

Entry in the labor report about the renaming of the department

Entries in the work book about the position and (if necessary) the corresponding structural unit of the employer (for example, a department or branch) are made in accordance with paragraph 3.1 of the Instructions.

According to the specified paragraph, column 3 reflects the employment record indicating the name of the department and position in accordance with the staffing table.

Column 4 records the details of the hiring order.

It is important that the structural unit is reflected in the specified entry only if the condition about it in accordance with the employment contract is significant.

Consequently, if an employee’s position (for example, sales department specialist) is entered in the work book without indicating a structural unit, because it does not relate to the essential terms of the employment contract, then changing the name of such a structural unit (for example, instead of a sales department - a retail department) does not entail legal consequences within the framework of the issue under consideration. There is no need to make any entries in the work book.

If the condition about the structural unit is still significant and when the employee is employed, the corresponding unit is reflected in the work book, then when changing its name, an entry in the work book about the renaming of the department will be required.

For example, an employee was hired by an organization as a mechanic in the car repair department, and the condition of the structural unit in accordance with the contract is essential. Subsequently, as a result of internal structural reorganization, this department was merged with the technical maintenance department and received the name “repair and maintenance department.”

Filling out a work book when renaming an organization

Filling out a work book upon a change in the name of the institution is the authority of an employee of the HR department.

It is he who must be responsible for the correct entry into the work record and therefore, as a result, must be responsible for the employee’s work record as a whole.

Filling in when renaming an organization, as we have already found out, is a mandatory step and requires special care, because an incorrectly entered entry can lead to unnecessary deletions in the work record and even the need to change it.

An entry in the work book must meet several criteria. Firstly, it must be absolutely understandable to all citizens reading it. Secondly, this entry should be concise.

Thirdly, the entry must be made in blue or black ink.

Only by following these tips can you make the correct entry in your employee’s work book.

The entry is made in a specially designated place. To find it, you just need to open the first spread of the work book and turn the page.

You will see a work form in front of you, which will be divided into several columns. In the first of them you must put a serial number, which follows immediately after the last one left.

Be sure to enter the date that corresponds to the date the entry was made.

The next column is the largest. In it we enter important information regarding changes to the name of the organization.

Then in the next column we write the order number, as well as the date it was issued. In this case, we mean the order that was issued to the organization by the employer as a fact of confirmation of the change in the name of the organization.

Only after this a new seal of the organization is placed on the record, as well as the mandatory signature of the director of the organization or the employer.

Sample record of renaming an organization

Nuances of making an entry in the work book about renaming an organization

Depending on the reason for the change of employer's name, in some cases not all employees will need to change records.

Example

Step-by-step instruction

In order to correctly make an entry, you need to perform a number of simple steps:

the first step is to extract all the workers’ work books from their personal files;
the next step is to familiarize yourself with the order to change the name of the organization;
the work book opens on the double page where the last entry about employment in your organization was left;
the HR employee must deviate one line from the previous entry;
in the leftmost column the entry number is indicated in Arabic numerals;
in the next column the date of filling out the work book is indicated, for example “07/13/2015”;
Filling out the third column is a very important task. It is necessary to write the old name of the organization, then the date of its renaming to the new name and, accordingly, the new name. For example: “LLC Horns and Hooves. 07/13/2015 LLC Goats and Sheep";
The last step is to put the seal of the organization and the signature of the head.

Do not forget to sign the number and date of issue of the order in the far right column. The entry should look like this: “Order dated July 13, 2015. No. 236."

On what basis are such entries made?

The basis for the appearance of such an entry in the work book is a change in the name of the organization in the constituent documents. After re-registration in the tax service, employers and founders change the constituent documents and only then issue a local regulatory legal act for the organization, which will familiarize employees with the fact of changing the name of the organization.

Thus, we can name two fundamental documents that lead to the inclusion of such information in the labor document: these are the constituent documents and the order.

The procedure for making changes to work book entries

In the “Job Information” section, HR employees make changes to the organization renaming records as follows:

In the 3rd column the sentence is written: “Organization N from the number dd. mm. gg. renamed organization M", (the letters N and M imply the old and new name, respectively)}
in the 4th column the name of the document on the basis of which the changes were made (order, decree, resolution) is entered.

Making changes to the work book entries to rename an organization cannot in any way affect the employment of employees. These changes cannot entail a reduction in the number of employees or the premature termination of a fixed-term employment contract.

Quite often, personnel officers are interested in whether the entry number is entered in the work book when the name of the organization is changed. Usually, in column No. 4, the serial number and date of entry are entered in the order, but making changes to the work book entries on the renaming of a legal entity has become an exception. Answer: no, it is not installed.

It is worth paying attention to the fact that this entry must clearly fit within the boundaries of the 3rd column and “not infringe” on the 2nd and 4th. It doesn’t matter what method it will be done: by hand or using a stamp. If the entry “comes out”, it will be considered incorrect.

Is it necessary to issue an internal order and make a record based on it?

An internal order is a mandatory document that must be issued within the organization before you begin making entries in the labor record. Citizens with the rights of workers should know that the changes being made are documented.

The order is drawn up on the basis of the constituent documents , usually the day before the changes are made. Also, the order has its own serial number and its own date.

Work book entry form

An entry in the work book about the renaming of a unit is made as an individual line in the third column of the work section.

For example, the following entry is possible: “The Directorate of Logistics and Technical Support” was renamed “Logistics Department” from 06/01/2010, and in the fourth column the basis for the renaming should be indicated - a decision or resolution of the administration to change the staffing level, as well as its details. The first and second columns should be left blank.

Thus, a change in the name of a department is documented in the labor document in the same way as a change in the name of a position.

In the work column, you must make an entry that “department A” has been renamed “department B”. For example, the “Information Technology Service” was renamed to the “Information Technology Department”, but the positions and functions of the employees remained the same.

Entries in the work book about changes in the name of the position and department can be formulated as follows:

“The position “Head of Human Resources” has been renamed “Human Resources Manager” since 08/01/2012;
“The “user technical support service” division was renamed into the “customer technical service department” from September 11, 2013;
“Faculty of Communications and Telecommunications Engineers” was renamed from 02/25/2014 to “Faculty of Telecommunications, Mobile Communications and Engineering”.

The exact names of departments are indicated in the duly approved staffing table and the corresponding order of the administration. If there was an entry in the labor record about the previous name of the department, then it is necessary to make an entry about the change in the specified name.

Differences in making entries on the renaming of an organization between LLC and OJSC and CJSC

LLC, CJSC, OJSC - all these abbreviations are forms of organization of legal entities. There are different ways to create them, but, alas, it does not matter which division of the legal entity you change the name of above. The most important thing is that the rules are the same for everyone, only the names and constituent papers change.

Thus, HR department employees should not bother their heads with unnecessary information about the differences in filling out work books according to the structure of legal entities. The rules are the same for everyone, just as the legislation is the same.

By virtue of clause 10 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, all records about work performed, transfer to another permanent job, qualifications, dismissal, as well as about awards made by the employer are entered into the work book on the basis of the relevant order (instruction) of the employer no later than a week, and in case of dismissal - on the day of dismissal and must exactly correspond to the text of the order (instruction).

The Instructions for filling out work books do not specify what date to put in column 3 when renaming an organization. However, experts conclude that this should be the day the corresponding entry is made in the Unified State Register of Legal Entities. This is due to the fact that changes in the name of the company made to the constituent documents become effective for third parties (counterparties) from the date of amendments to the Unified State Register of Legal Entities (clause 6 of Article 52 of the Civil Code of the Russian Federation).

Thus, information about a change in the name of the employer must be entered into the employee’s work book within a week from the date of registration of the change in the name of the organization in the Unified State Register of Legal Entities.

According to clause 3.2 of the Instructions for filling out work books, if during the employee’s work the name of the organization changes, then a separate line in column 3 of the section “Information about work” of the work book is made: “Organization such and such has been renamed to such and such date -that”, and in column 4 the basis for the renaming is indicated - an order (instruction) or other decision of the employer, its date and number.

Taking into account the above, an entry in the work book is made on the date of its actual entry, but it must be made within a week from the date of entry into the Unified State Register of Legal Entities about the renaming of the organization, that is, no later than January 28, 2019. In this case, in column 3 of the “Work Information” section of the work book, you should indicate the date of renaming the organization, corresponding to the date of making an entry about the renaming of the organization in the Unified State Register of Legal Entities, that is, 01/21/2019. Column 4 should contain the details of the mayor's office resolution

Article: Current problems of renaming an OJSC into a JSC or PJSC (Lukasevich M. S., Dbar E. A.) (“Electronic journal “Financial and Accounting Consultations”, 2015, No. 11);
excerpt from “Guide to Personnel Issues. Employment history";
consultation in the form of a question and answer: ...What actions should be taken after changing the name of the organization? (Expert Consultation, 2019);
consultation in the form of a question and answer: ...How to correctly make an entry about the renaming of an enterprise in the insert in the work book? (“General Book”, 2021, No. 15);
consultation in the form of a question and answer: ...When should changes be made to the work books of employees in connection with the emergence of public and non-public joint stock companies? (Expert Consultation, 2017);
article: The organization changes its name (Kolinko A.) (“EZh-Lawyer”, 2012, No. 21);
consultation in the form of a “question-answer”: ...What date is information about a change in the name of the employer as a result of its reorganization entered into the work books of employees? (Prepared for the ConsultantPlus system, 2010).

What problems may arise if this procedure is neglected?

Unfortunately, if this procedure is not carried out due to your forgetfulness, then your employee will find the problem first, and then you.

Due to the indication of incorrect data, the employee will not receive a pension for a given period of work.

Also, the employee may have problems regarding finding a new job, because the employer from the new place may consider that the information where the place of work or dismissal does not match is not correct and may suspect the employee of falsifying documents.

Due to the problems that have arisen, the employee simply cannot bring you to administrative responsibility.

This liability will take the form of a fine in the amount of five hundred to three thousand rubles. Therefore, try to adequately approach the issue of entering data into the work book because, in fact, this is the face of your company and the way you draw up a work book for an employee will speak about the seriousness and professionalism of your organization.

Sample of making an entry about renaming an organization in an employee’s work book

Is it possible not to correct an erroneous entry?

The name of the employing company is a prerequisite for inclusion in the employment contract (Part 1 of Article 57 of the Labor Code of the Russian Federation), therefore it must be indicated correctly.

Clause 27 of the Rules directly states that if an incorrect or inaccurate entry in the work book is identified, it must be corrected. Moreover, if the incorrect entry is not corrected, the employee may have problems in the future when assigning a pension.

Is the employer liable for the incorrect name of the company in the work book?

If, during an inspection, the labor inspectorate discovers an error in the name of the company in the employee’s work book, the employer may be held liable for violating labor laws.

In accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, an administrative fine in the amount of 1000 to 5000 rubles may be imposed on him.

At the same time, you will be liable in the form of a fine in the amount of 30,000 to 50,000 rubles. can also attract a company.

The employer must comply with the inspectors' order to correct the error, since for a repeated similar violation he may be disqualified for a period of one to three years (Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Note. If the company name has changed

If during the employee’s work in the company its name has changed, a separate line in column 3 of the “Work Information” section is made, for example: “Limited Liability Company “Zima” (LLC “Zima”) from January 20, 2014 was renamed to Company with limited liability "Leto" (LLC "Leto").

And in column 4 they indicate the basis for the renaming - an order (instruction) or other decision of the employer, the date and number of this document (clause 3.2 of the Instructions).

How to record a position rename

Entering information into the work book is regulated by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69. The instructions contain the basic rules for registration:

Enter information using a blue, purple or black pen. Use a ballpoint or gel pen.
Information is entered in chronological order. The elements are numbered.
Crossing out or correcting data is prohibited. Incorrectly entered information is invalidated, canceled and the correct wording is added.
The employee is introduced to each item that is included in the document, subject to signature.

Information is entered if an administrative document for the institution has been issued. The deadline for registration of name adjustment is one week from the moment the order is registered. The content is similar to the wording of the local act.

To formalize the renaming, the employer selects the “Job Information” section and enters information about the renaming into it in the following order:

Step 1. In column 1, indicate the number of information in order.

Step 2. In column 2 “Date” enter information about the day/month/year of registration.

Step 3. In column 3 - information about the name, similar to the order for the organization. This is what a sample entry in a work book and renaming a position looks like:

Step 4. In column 4, makes a reference to the administrative document approving the changes.

How to correct an invalid entry

You cannot cross out inaccurate or incorrect entries in the “Work Information” section of the work book. They can be changed only by declaring them invalid and making correct entries (clause 30 of the Rules).

Who should make the corrections?

An incorrect entry must be corrected at the place of work where it was made. At a new place of work, such corrections can only be made on the basis of an official document from the employer who made the mistake (clause 27 of the Rules).

If the company that made an incorrect entry is reorganized, its legal successor can correct the entry, and if liquidated, the employer at the new place of work can correct it on the basis of an official document (clause 28 of the Rules).

An error was detected at the time of entry

If an error is detected immediately after making an entry, you can correct it in the next line. Under the entry in which there is an inaccuracy, you need to write: “The entry on the name of the organization is invalid.” And in the line below, indicate the correct name of the company.

If in the “Job Information” section only the abbreviated name of the company is indicated, for example, Vremena Goda OJSC, this is an error. The correct entry should look like this: “Open Joint Stock Company “Vremena Goda” (JSC “Vremena Goda”).”

Grammatical errors in the company name are corrected in a similar manner. For example, the employee’s work book states: “Open Joint Stock Company “Vremena Goda” (JSC “Vremena Goda”).” The following is an entry with a serial number: “Recruited to the labor protection department for the position of labor protection specialist.” This is the last entry in the work book at the time the error was discovered.

Below the last entry, you need to make a new one without indicating the serial number of the entry: “There was an error in the name of the organization. The name of the organization should read: “Open Joint Stock Company “Vremena Goda” (JSC “Vremena Goda”).”

The employment record in the work book indicates the full name of the employer

Question from Clerk.Ru reader Nina (Rostov-on-Don)

I wrote down the abbreviated name of the organization (“LLC” and not “limited liability company”) in the labor report. Is this considered a blunder? And in the same work report, the previous employer rudely corrected the date. How and who can now eliminate this violation if there are already other records?

If an incorrect (inaccurate) entry was made by the real employer (an employee authorized by him), then he must correct the error. If such an entry was made and not corrected on time at the previous place of work, the current employer (an employee authorized by him) who identified the error has the right to correct it independently. However, this can only be done on the basis of an official document from the previous employer, during whose work the mistake was made. Such documents can be certificates, certified copies of orders (on hiring, on transfer, on dismissal, on rewarding) (clause 27 of the Rules, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003). The corrected information must fully comply with the document on the basis of which the corrections were made (clause 29 of the Rules, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003).

In the employment record, the full name of the employer is indicated in the form of a heading, as well as an abbreviated name (if any) (paragraph 1, clause 3.1 of the Instructions, approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003). If only the abbreviated name was indicated, this is an error, since in accordance with the current procedure there is a specific format for this entry. In the future (when assigning a pension), difficulties may arise with identifying the organization - in other words, the organization is officially named incorrectly in the work book. If such a mistake was made by the current employer, it can be corrected at any time before the employee is dismissed. If this is a mistake of the previous employer, it is not recommended for the new employer to correct it. It is better to advise the employee to additionally document this period of work.

The name of the organization (full and abbreviated) is recorded in the work book only in column 3, that is, without indicating its serial number, date and basis document (without filling out columns 1, 2 and 4). It is impossible to identify this entry by number, therefore it will not be possible to fully comply with the general procedure for making corrections in the section “Information about work” (“Information about awards”) prescribed by law (clause 1.2 of the Instructions, approved by Resolution of the Ministry of Labor of Russia No. 69 dated 10 October 2003).

One way to correct a mistake made in the name of the employer is as follows. In column 3, after the last entry without number and date, write that the entry with an error in the name of the employer is considered invalid, and then correctly indicate the full name of the organization and its abbreviated name (if any). For example, “There was an error in the entry on the name of the organization Beta LLC. Limited Liability Company "Beta" (LLC "Beta")."

If by grossly correcting the date in a question we mean crossing out, then it should be taken into account that crossing out entries in the sections “Information about work” and “Information about awards” is not allowed (clause 30 of the Rules, approved by Decree of the Government of the Russian Federation No. 225 of April 16 2003, paragraph 1, clause 1.2 of the Instructions, approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003). If there is such an error in the work book, it should be corrected in the prescribed manner (by declaring the entry invalid). Additionally, the employee is recommended to take from the employer a document confirming the period of employment, the entry for which has a strikethrough.

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Common mistakes when making an entry about changing the company name

When making an entry, the following errors may be made:

Inserting the serial number of the entry in column 1. According to the Instructions, only records containing information about work: admission, transfer, assignment of a new specialty and dismissal are numbered.
Putting in column 2 the date of making the entry or the date of changing the name of the organization - in this case, the date of renaming will be indicated in column 3.
Certification of the entry made with a seal - the organization’s seal is affixed only upon dismissal of an employee.

These errors are not serious, and therefore, if they are made, corrections are not made.

Major errors that need to be corrected include the following:

factual error in the name of the old or new name of the organization;
an error in the date of renaming the organization;
an error in the entry on the basis for making changes.

These errors must be corrected as soon as they are discovered.

Results

When renaming an organization, entries in employee work books must be made without fail. Changes are made only after the new name is recorded in the statutory documents. The basis for making an entry in the work book is an internal order on renaming and the need to make changes to internal documents. Changes are made in the manner established by the Instructions for filling out work books.

Sources

https://assistentus.ru/vedenie-biznesa/pereimenovaniye-organizacii/
https://hr-portal.ru/article/kak-vnesti-zapis-v-trudovuyu-knizhku-o-pereimenovanii-podrazdeleniya
https://naim.guru/trudovaya-knijka/zapolnenie/pereimenovanie-organizatsii.html
https://nalog-nalog.ru/trudovye_knizhki/pereimenovanie_organizacii_obrazec_zapisi_v_trudovoj_knizhke/
https://urist.club/administrative/oformlenie-dokumentov/trudovaya-knizhka/zapolnenie/o-pereimenovanii-organizatsii.html
https://clubtk.ru/forms/trudovyye-knizhki/zapis-v-tk-o-pereimenovanii-organizatsii
https://hr-portal.ru/article/osnovnye-pravila-vneseniya-izmeneniy-v-trudovuyu-knizhku-o-pereimenovanii-organizacii
https://opersonale.ru/kadrovyj-uchet-i-deloproizvodstvo/trudovaya-knizhka/kak-vnesti-zapis-v-trudovuyu-knizhku-o-pereimenovanii-podrazdeleniya.html
https://info-personal.ru/trudovay-knizhka/trudovaya-knizhka-oshibka-v-naimenovanii-kompanii/

What to do if you made a mistake

In accordance with the instructions for filling out work books (Resolution of the Ministry of Labor of the Russian Federation No. 69), crossing out errors or covering up incorrect information is prohibited.

Correcting incorrect wording in the “Work Information” section should be done as follows:

Indicate the next sequential number after the last entry.
In column 3, enter the phrase “The entry for number such and such is invalid.”
Enter correct information.
In column 4, include information about the date and number of the administrative document, information from which was entered with errors (or the administrative document on the basis of which the error is corrected).

This is what a sample entry in a work record about a change in position looks like with the correction of an error: