In enterprises, at any time it may be necessary to change any personal data of an employee. How to properly arrange this process will be discussed in the article below.

From this article you will learn:

• how documents are processed when the personal data of an employee changes;
• whether changes in personal data affect the specifics of the employee's work;
• what to do with documents where outdated personal data of an employee remains.

The procedure for changing the personal data of an employee

In some cases (wedding, death of a spouse, divorce, change of residence, and so on), it may be necessary to change the personal data of an employee. Each such situation must be documented, both on the part of the employee and on the part of the direct head of the enterprise.

Most often, personnel specialists are faced with the need to make changes to personal data regarding the name or new place of residence of a colleague. This is not surprising, because weddings are all expected events, and moving to new house We may be compelled by other circumstances.

In order to start the process of changing personal data, you must ask the employee Required documents confirming an event. In the case of marriage, a certificate and a new passport can serve as proof, and during a move, a change of residence permit or an act of sale of property.

For a more competent execution of changes, it is also recommended to ask the employee to draw up an appropriate application, where he personally indicates what data needs to be changed. The application is drawn up in any form and must contain outdated and updated information (old and new surnames, former and new place of residence), the reason for changing the data and the timing of the entry into force of the updated information.

After receiving the application, the employer issues a special order, where he confirms the fact of the change in personal data and indicates in which documents it is necessary to make changes. Usually, the changes relate to labor or collective agreements, staffing, vacation schedules, insurance premium cards, personal files of employees, and so on. Since it is necessary to make changes in contracts in a special order, the personnel department prepares an addition, which is approved by the head of the organization and signed by the employee.

Execution of documents when changing the personal data of an employee

All documents that need to change the personal data of an employee are drawn up in accordance with the current legislation. They must contain old and new information, they must have the signature of the immediate head of the organization, the employee responsible for their maintenance (accountant, personnel specialist, lawyer) and the visa of the employee whose personal data is changing.

Forms of documents must contain detailed information about the company itself and the scope of its activities. Depending on the specifics of the documentation, certain types of it must be registered in special journals and stored under certain conditions.

Does a change in personal data affect the specifics of an employee's work?

Of course, changing, for example, a surname should in no way affect the specifics of the work of an employed citizen. But a change of residence may be a reason to ask for supplements to wages due to the fact that now a person has to spend more money on travel to the company's office.

Such an initiative is not included in the direct duties of the head of the enterprise, but he can show understanding, especially if the change of residence was caused by the state of health of the subordinate. In other cases, in addition to the need to make changes to the relevant documents, the change of the employee's personal data does not affect the performance of his personal duties in any way.

What to do with documents where outdated personal data of an employee remains?

All documents that were previously considered relevant, but became outdated due to a change in a person’s personal data, are subject to mandatory storage in the employee’s personal file or in the archive for a certain period. This period depends on the specifics of the document itself, but the employer does not have the right to get rid of important local documents, since they confirm the fact of cooperation with a person for a certain time.

Does the employer have the right to oblige employees to timely submit information about changes in their personal data (passport data, registration address, marital status, birth of children, telephone number, etc.)? Is he entitled to apply disciplinary or material liability in case of late submission of information about changes in his personal data and in case of submission of documents containing false information (personal data)?

After considering the issue, we came to the following conclusion:

The employer has the right to establish in the local regulatory act of the organization the procedure for providing employees with information about changes in their personal data (passport data, marital status, information about children and address of residence). However, to bring employees for untimely notification to the employer about a change in their personal data (for providing documents containing false information (personal data)) to disciplinary or liability the employer is not entitled.

Rationale for the conclusion:

According to Art. 3 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" (hereinafter - Law N 152-FZ), personal data is any information relating to a directly or indirectly identified or identifiable individual (subject of personal data), and processing personal data - any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use , transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

In accordance with Art. 57 of the Labor Code of the Russian Federation in employment contract the surname, name, patronymic of the employee and information about documents proving his identity are indicated. There is no obligation to indicate in it information about the addresses of the parties to the contract, their marital status and the presence of children in the law. However, at the discretion of the parties labor relations This information can be entered into . Information about passport data, marital status and the presence of children, the employee's address (according to the passport and actual) are indicated in the employee's personal card. The form of the employee's personal card was approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1 (clauses 9-12) * (1).

current labor law does not provide for the obligation of the employee to provide the employer with information about changes in the specified data. At the same time, such an obligation is established, for example, by pension legislation: employees (insured persons) are required to provide information to the employer and fill out the necessary documents in the event of a change in the information contained in his individual personal account (Article 14 of the Federal Law of 04/01/1996 N 27- Federal Law "On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance"). The employee (insured person) is obliged to present to the employer (insured person) documents confirming information about the new address, and fill out the appropriate forms (paragraphs two and four, clause 2, article 9, clause 2, article 6 of the said Law).

In turn, the employer, as a tax agent, in case of submission of documents provided for by the Tax Code of the Russian Federation and containing false information, faces a fine of 500 rubles for each submitted document containing false information (Article 126.1 of the Tax Code of the Russian Federation (entered into force on 01.01.2016) ). This applies, in particular, to the obligation of the employer to report to the tax authorities on income. individuals and withheld tax in the form 2-NDFL and on the calculation of the amounts of tax on personal income calculated and withheld by the tax agent in the form 6-NDFL (clause 2 of article 230 of the Tax Code of the Russian Federation). These forms contain personal data of employees.
Therefore, in order to ensure compliance with laws and other regulatory legal acts (for example, in the field of pension, tax legislation, as well as legislation on military registration, legislation on social security etc.) the employer can establish in the local regulatory act the procedure for processing the personal data of employees, which also includes ways for the employee to report changes in the information that the employer needs to comply with the law, for example, by annually filling out questionnaires sent by the employer to the employee, and also when applying for the issuance of documents related to work, which indicate the relevant personal data.

The procedure should be developed taking into account the general requirements for the processing of personal data of an employee and the guarantees for their protection established by Art. 86 of the Labor Code of the Russian Federation; the employee must be familiarized with it against signature (clause 8 of the first part of article 86 of the Labor Code of the Russian Federation).

The employer should keep in mind that the employee’s failure to fulfill the obligation to timely report information about changes in his personal data cannot lead to negative consequences for the employee (he cannot be held either disciplinary or financially liable), since such an obligation does not follow from the requirements of labor legislation. The legislator established for the employee only the right to demand the exclusion or correction of incorrect or incomplete personal data (part one of Article 89 of the Labor Code of the Russian Federation), and the obligation to provide up-to-date data is not assigned to the employee by law.

It is impossible to bring an employee to disciplinary or material liability in the event that he provides documents containing false information (personal data). The norm of paragraph 11 of the first part of Art. 81 of the Labor Code of the Russian Federation (on the right of the employer to terminate the employment contract in connection with the submission of false documents by the employee) cannot be applied in such cases, since the employment contract has already been concluded, and new documents (even if with inaccurate information) cannot in any way affect the employer’s decision on conclusion of an employment contract*(2).

Therefore, we believe that the establishment of the procedure for processing personal data of employees in a local regulatory act will not in itself solve the problem of timely changes by the employer of information about personal data contained in documents used in the activities of the organization, since for employees the establishment of the corresponding obligation, in fact, will be establishing a way for them to exercise their right to demand that the employer change outdated data. But such a document, in our opinion, can help the employer avoid claims against him from employees or regulatory authorities in the event of certain negative consequences use of irrelevant information when filling out documents in order to submit them to various government agencies.

At the same time, it should be noted that the discrepancy between the real personal data about the employee and the data in personnel documents can lead to problems for the employee himself (for example, when confirming the length of service for calculating a labor pension). Timely introduction of these changes is in the interests of the employee himself.

Prepared answer:
Legal Consulting Service Expert GARANT
Zemtsov Evgeny

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Kudryashov Maxim

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.
*(1) From January 1, 2013, on the basis of Part 4 of Art. 9 of the Federal Law of December 6, 2011 N 402-FZ "On Accounting" unified forms are not required for use in commercial organizations(Rostrud letters of 23.01.2013 N PG / 409-6-1, of 23.01.2013 N PG / 10659-6-1, of 14.02.2013 N PG / 1487-6-1, letter of the Ministry of Labor of Russia of 14.05.2013 N 14-1/3030785-2617). These organizations have the right to both use the forms of primary accounting documents developed by them independently, and continue to use unified forms.

*(2) As indicated judiciary, according to paragraph 11 of the first part of Art. 81 of the Labor Code of the Russian Federation is legal if false documents influenced the employer's decision to conclude an employment contract (see, for example, the appeal ruling of the IC in civil cases of the Court of the Khanty-Mansiysk Autonomous Okrug - Yugra dated February 18, 2014 N 33-629, the appeal ruling of the IC in civil cases of the Supreme Court of the Republic of Bashkortostan dated December 26, 2013 N 33-2711 / 2013, appeal ruling of the Investigative Committee in civil cases of Kemerovo regional court from
03/12/2013 N 33-2026, decision of the Bor city court of the Nizhny Novgorod region dated 04/26/2013 N 2-527 / 2013).

During labor activity in the life of each person, various events occur, in connection with which his biographical data change. A classic situation: an employee got married and changed her last name. Or divorced and returned to her maiden name. It happens that men also change personal data. The reason may also be marriage, a dissonant surname or a desire to change the name. When changing the surname, it is necessary to change or re-register many documents containing the employee's personal data and used by personnel officers and accountants for keeping records.

According to Art. 3 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, personal data is any information related to an individual identified or determined on the basis of such information (subject of personal data), including his last name, first name, patronymic , date and place of birth, address, family, social, property status, education, profession, income, other information.

When changing individual personal data, personal documents of a citizen are subject to replacement:

• passport of a citizen of the Russian Federation;
• TIN certificate;
• insurance pension certificate;
• medical insurance policy;
• international passport;
• driver's license, etc.

Article 85 of the Labor Code of the Russian Federation understands the personal data of an employee as information necessary for the employer in connection with labor relations and relating to a specific employee.

Personal data of employees is contained in personnel and accounting documents, and in the event of a change in personal data, it is required to make changes to the personal documents of the employee, in accounting documents, in registration forms, including:

• in the work book;
• in the book of accounting for the movement of work books and inserts in them;
• in the personal card of the employee;
• to a personal account;
• in an employment contract;
• in the card of accounting for the amounts of accrued UST and contributions to pension insurance.

These changes, as a rule, are made on the basis of a personal application of the employee with a request to make changes to documents containing personal data. Submitting an application is not mandatory, but a reasonable step. To such an application, the employee attaches copies of documents confirming the change in personal data (passports, marriage registration certificates, divorce certificates, changes in the last name or first name, patronymic, court decisions, etc.), which are certified by in due course and filed in the employee's personal file, if it is maintained. The originals of these documents the employee presents to the employer.

An example of filling out an employee's application with a request to amend documents containing personal data

The head of the organization, in a resolution on the application, appoints a person responsible for making changes to personnel and accounting documents, and sets deadlines.

On the basis of the employee's application, an order is issued on personnel to amend the accounting documents. This order will be the basis for making changes to the personnel and accounting documents of the organization, which contain the personal information of the employee that has changed. The order is drawn up in an arbitrary text form, it must contain information about both the old and new data of the employee, the details of the documents on the basis of which new information is entered.

An example of an order to amend documents containing personal data

Particular attention should be paid to the text of the order, since in practice incorrect wording is often used: “Consider Ivanova Petrova in connection with the registration of marriage ...” or “Make changes to the employee’s personal data ...”

An order to amend documents containing personal data is registered in the appropriate registration form, for example, in the Register of Orders for Personnel.

With the order to amend documents containing personal data, it is necessary to familiarize the employee himself and the persons responsible for making the changes.

By the way

Changing information about an employee in a work book

Clause 2.3 of the Instructions for filling out work books, approved. Decree of the Ministry of Labor of Russia dated 10.10.03 No. 69 (hereinafter referred to as the Instruction), establishes the following rules for making changes to information about an employee in work book:

• Changes in records in work books about last name, first name, patronymic and date of birth are made on the basis of a passport, birth certificates, marriage certificates, divorce certificates, changes in last name, first name, patronymic and other documents and with reference to their number and date.
• These changes are made on the first page (title page) of the work book.
• The previous entry (last name or first name, patronymic, date of birth) is neatly crossed out with one line, and new data is written on top (bottom or on the same line where there is a place). A strikethrough entry should be easy to read.
• References to the relevant documents are made on the inside cover of the work book and are certified by the signature of the employer or a person specially authorized by him and the seal of the employer.

Change (addition) to title page the work book of records about the new education, profession, specialty received by the employee is carried out by supplementing the existing records or filling in the corresponding lines without crossing out the previously made records (clause 2.4 of the Instruction).

If at the time of the end of the form of the work book and the execution of the insert, the employee's surname, education or specialty has changed, then these changes are made to the title page of the work book, and new data is recorded on the insert. A link to the relevant documents is given once - on the inside cover of the work book.

Changing information about an employee in a personal card

In practice, several options are used to make changes to the employee's personal card.

One of the options when changing the surname of an employee: the former surname is crossed out with one line and the new surname is indicated on the right. By the way, that is why the surname is usually recommended to be written closer to the left edge. If there is no space on the right, then the new surname can be written on top. You should also indicate on the basis of which document the changes were made. This can be done on the field of a personal card opposite the line where the former surname is crossed out and a new one is written: “ Marriage Certificate C1 No. 230 258 981 issued by the Izmailovsky Department of the Civil Registry Office of the Civil Registry Office of Moscow on 05.12.2008". Here the personnel officer certifies this entry with his signature and puts down the date of the changes.

Information about the document confirming the change of surname, and the certification signature personnel worker may also be indicated in section X of the personal card "Additional information".

Another option used in such a case in personnel practice is to print out a page of a personal card with the changes made or additional lines under the column for making changes. At the same time, a note is made on the old page that the page has been replaced due to a change in surname. The new page also reflects the fact of the replacement.

Changing information about an employee in an employment contract

There is an opinion that it is not necessary to conclude with an employee supplementary agreement to the employment contract in connection with the change of surname and other personal data. Such a conclusion can be drawn from Art. 57 of the Labor Code of the Russian Federation, according to which the content of the employment contract includes information and conditions.

Surname, name, patronymic of the employee, information about the documents proving the identity of the employee, refer to "information". According to part 3 of Art. 57 of the Labor Code of the Russian Federation "the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties." Probably, the same should be done in case of changes in information, i.e., make changes to the text of the employment contract (in both copies) and at the same time certify the newly entered information with the signatures of the parties - the employee and the employer. Article 72 of the Labor Code of the Russian Federation also confirms that only when the terms of the employment contract change, a separate agreement is drawn up.

An example of amending an employment contract

However, there is another point of view. It is believed that an additional agreement to the employment contract should also be concluded if the employee changes his last name and other personal data. Proponents of this position also refer to Art. 57 of the Labor Code of the Russian Federation, indicating that this article allows only missing information to be entered into the text of the employment contract, and not changed. Therefore, it is impossible to make changes to information about the last name and other personal data of employees in the text of the employment contract, but you need to draw up a document that can be called “Change to the employment contract”.

Replacement of insurance certificate of compulsory pension insurance

On the territory of Russia, for each insured person, the Pension Fund of the Russian Federation (PFR) opens an individual personal account with a permanent insurance number, while the individual personal account of the insured person is kept by the PFR throughout the life of the insured person (Article 6 of the Federal Law of 01.04.96 No. 27- Federal Law “On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance”). If the insured person changes their last name, first name and patronymic (the last name that the insured person had at birth), date of birth, place of birth, gender, new personal data must be reflected in his individual personal account.

In the Instruction for filling out the forms of documents for individual (personalized) accounting in the system of state pension insurance, approved. Decree of the Board of the Pension Fund of the Russian Federation of July 31, 2006 No. 192p, included the ADV-2 form “Application for the exchange of an insurance certificate”. This statement will be the basis for making an entry about the change of surname in the territorial body of the PFR. The document is filled out by the insured person, but the Instruction allows it to be filled out by the personnel department of the organization.

An example of filling out an application for the exchange of an insurance certificate

An application for the exchange of an insurance certificate is drawn up within two weeks and submitted to the territorial body of the PFR. After that, within a month, the relevant PFR authority issues to the insured person a new (instead of the previously issued) insurance certificate of compulsory pension insurance with the same insurance number of the individual personal account. If the insured person works under an employment contract, the insurance pension certificate is replaced by the policyholder, i.e. the employer. The employee must hand over the old insurance pension certificate to the personnel department, and the employer takes further actions (transferring documents to the FIU, obtaining a new certificate). The employee receives a new insurance certificate from the personnel department.

Non-working insured persons must independently submit an application for the exchange of an insurance certificate to the Pension Fund authority at the place of residence. When applying to the FIU, you must have an old insurance certificate, an identity document, and a copy of the document on the basis of which the data in the insurance certificate are changed (for example, marriage certificates).

Let's determine the sequence of actions in case of changing the name of an employee in connection with marriage:
1. The employee writes an application with a request to make changes to the accounting (personnel) documents in connection with the change of surname.
2. The employer, on the basis of a marriage certificate, issues an order to amend the accounting documents.
3. The employer makes changes to the employment contract, including the copy kept by the employee.
4. The employer makes changes to the work book of the employee, to the book of accounting for the movement of work books.
5. The employer makes changes to the personal card.
6. The employer makes changes and files copies of documents in a personal file (if it is maintained).
7. The employer makes changes to the accounting documents: in the personal account; a card for recording the amounts of accrued UST and contributions to pension insurance.
8. The employer ensures the replacement and issue to the insured person of a new (instead of the previously issued) insurance certificate of compulsory pension insurance with the same insurance number of the individual personal account.

In organizations, personal (personal) data of employees is contained mainly in personnel and accounting documents. How to arrange personnel documentation when changing personal data? This is a question that often arises in front of employees of personnel departments.

Expert opinion

Ekaterina ROSCHUPKINA, expert of the National Union of Personnel Officers

HR officers often have a question: is it necessary to draw up an additional agreement to the employment contract when changing the personal data of an employee (for example, surnames)? To date, the legislation cannot give a clear answer. However, following the logic of the current this moment laws and regulations, it can be concluded that such an additional agreement is not necessary. Yes, the surname, name, patronymic of the employee (as well as his address and passport details) are mandatory information that must be indicated in the employment contract, in accordance with the norms of Art. 57 of the Labor Code of the Russian Federation. However, these are not conditions (mandatory or additional) listed in the employment contract, to which the employee and the employer agree, but information. This information is provided in the employment contract on the basis of relevant documents. After all, the condition of the employment contract cannot be fixed that on Fridays the surname of the employee will be Ivanov, and on Mondays - Sidorov. The surname is indicated in accordance with the documents of the worker Ivanov, and, no matter how much he would like to be Sidorov, until the surname changes in his documents, the information in the contract will remain the same. In accordance with Part 3 of Art. 57 of the Labor Code of the Russian Federation, if at the conclusion of the employment contract it did not include any information and (or) mandatory or additional conditions, this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into its text, and the missing conditions are determined by the application or a separate agreement of the parties, which are concluded in writing and are an integral part of the employment contract. A similar provision is established by Article 72 of the Labor Code of the Russian Federation, according to which an additional agreement in writing is drawn up when changing the terms of an employment contract. Information is not mentioned in this article. Thus, the changed personal data is simply entered into copies of employment contracts (old information is crossed out, new information is added, as in the personal card of the employee of form No. T-2). The basis is still the order to amend the accounting documents.

This position is confirmed by the decision of the Court of the Jewish Autonomous Region, in which the plaintiff cited the following fact as one of the arguments for reinstatement at work: when changing her surname, an additional agreement to the employment contract was not concluded with her. However, the court did not take this circumstance into account, since the employer issued an order to make changes and all the data in the accounting documents were corrected in a timely manner. In the published ruling on cassation, fragments directly related to the situation under discussion are in italics.

Personal (personal) data - any information relating to a natural person (subject of personal data) identified or determined through such information. According to Art. 3 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, these include last name, first name, patronymic, year, month, date and place of birth, address, information about family, social and property status, education, profession, income, etc.

Various events can occur in the life of employees of an organization - marriage, the birth of children, a change of residence or registration, education or advanced training, etc. The resulting change in personal information can significantly affect career, social and pension contributions, therefore, employees must report all such cases to the personnel department in a timely manner. The most frequently changed:

• surname (when changing acts of civil status - entering into or dissolving a marriage);
• place of residence (when moving or changing registration);
• information about education (at admission and graduation educational institutions);
• passport data (upon reaching the age of 20 and 45 or when changing the passport).

When changing personal and biographical data, personnel officers most often allow the following errors:

• Changes to the employee's credentials are made on the basis of improper documents.
• not respected technical requirements to making changes.
• Reasons for making changes are not indicated (there is no link to the corresponding document).

First of all, the employee himself should contact the personnel department of the organization, and only then the specialist will reflect the changes in his accounting documents. General order entering any new information about the employee is a sequence of actions that we will consider.

Step 1

At this stage, the employee of the organization must submit to the employer a written application with a request to amend the accounting documents and copies of supporting documents. In addition, he needs to replace the certificate of assignment of the TIN and the medical policy. An application form for amending personnel records is presented in Appendix 1.

Step 2

All other actions are performed by the employee personnel service. First of all, an order should be issued (in any form) on the basis of the documents submitted by the employee and his written statement on the need to make changes to his accounting documents. This order must be registered in the register of orders for personnel, and then familiarized with it against the signature of the employee himself, as well as senior personnel and accounting personnel. An example of an order to change personal data in personnel records is presented in Appendix 2.

Step 3

The necessary changes should be made to the employee's personal card (form No. T-2), as well as specify the details of the supporting documents. Former information must be crossed out with one line and new information must be entered on top. Here, the personnel officer must put his signature and the date the changes were made. The basis documents according to which these changes were made can be indicated in section X "Additional Information" of the personal card.

Step 4

Now you can start changing the data in the workbook. According to paragraph 26 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, as well as paragraphs 2.3 and 2.4 of the Instructions for filling out work books, approved. Decree of the Ministry of Labor and social development RF dated 10.10.2003 No. 69, changes in records about the last name, first name, patronymic and date of birth, as well as about the education, profession and specialty of the employee are made by the employer according to last place work on the basis of a passport, birth certificates, marriage, divorce, change of surname, name, patronymic and other documents. These changes are made on the first page (title page) of the work book. To do this, with one line (along the line ballpoint pen or in ink) the previous entry is crossed out (its incorrect or outdated part), after which (as a rule, higher, on free space) new information is recorded. References to the name of the relevant document, its number and date are made on the inside cover of the work book and are certified by the signature of the employer (an employee of the personnel service (department) with the appropriate authority) and the seal of the organization. Changes (corrections) in the records of the new education (profession, specialty) received by the employee are made by supplementing previously made records (if they already exist) or filling in the corresponding lines without crossing out the previously made records. Such changes (corrections) are also made on the first page (title page) of the work book. We must not forget about the book of accounting for the movement of work books and inserts in them, which also contains the personal data of the employee. An example of a record of changing the surname in the work book is presented in Appendix 3.

Step 5

In accordance with the Instructions for ensuring the functioning of the system of military registration of citizens of the Russian Federation, approved. Order of the Minister of Defense of the Russian Federation of November 19, 2007 No. 500, as well as Methodological recommendations for maintaining military records in organizations, approved. The General Staff of the Armed Forces of the Russian Federation, for a person liable for military service, the personnel officer must also make changes to the documents on military registration.

When changing marital status, education, structural unit organizations, positions, places of residence or place of stay, the state of health (disability) of citizens who are on military registration, employees who carry out military registration in organizations fill out and hand over to such an employee against personal receipt in the register of message sheets and roots to them a message sheet on changes in information about citizens registered in the military, in the form established in Appendix No. 1 to the Procedure for reporting organizations on changes in marital status, education, structural unit of the organization, position, place of residence or place of stay, health status of citizens registered in the military , to the military commissariats, presented in Appendix No. 13 guidelines(hereinafter referred to as the Order). Information about a change in the marital status, education, structural subdivision of the organization, position, place of residence or place of stay, state of health (receipt of disability) of citizens who are on military records are sent by organizations within two weeks to the military commissariat at the place of residence (place of stay) of citizens. The form for reporting a change in information about citizens who are registered with the military is presented in Appendix No. 4 to the Procedure.

Step 6

In accordance with clauses 26, 27 of the Instruction on the procedure for maintaining individual (personalized) records of information about insured persons, approved. By order of the Ministry of Health and Social Development of Russia dated December 14, 2009 No. 987n, when an employee changes the last name, first name or patronymic, the personnel officer must submit an application to the territorial body of the PFR for the exchange of an insurance certificate. A sample of the corresponding application is presented in forms No. ADV-2 and No. ADV-6, approved. Resolution of the PFR Board of July 31, 2006 No. 192p. According to clause 14 of the Instruction, a new certificate is issued by the employer to the employee within a week after receiving it. To confirm the receipt of a new certificate, the employee must sign the accompanying sheet.

Step 7

If personal data changes with the head / director of the organization, then the personnel officer will need to take additional actions. If the head of the organization is its founder, then the personnel officer must, together with a lawyer, make changes to founding documents and charter of the organization.

Step 8

Then you need to notify about the change in personal data (last name / first name) tax office at the place of registration of the organization. To do this, the organization is obliged to submit the relevant information to the Unified State Register of Legal Entities within 3 working days from the moment when the director receives a new passport (clause 5, article 5 of the Federal Law of 08.08.2001 No. 129-FZ “On state registration legal entities and individual entrepreneurs).

Step 9

If necessary, you should report changes to the territorial offices at the place of registration of the PFR, MHIF, FSS.

Step 10

Since the head of the organization has the right of the first signature on the documents of the organization, it is necessary to replace the bank card with samples of signatures and seal imprints. This follows from paragraph 7.14 of Instruction No. 28-I of the Bank of Russia dated September 14, 2006 “On opening (closing) bank accounts, deposit accounts”.

Table

List of grounds for amending personnel documents

Supporting documents provided by the employee	HR documents to be completed
When changing the last name
Personal statement; a copy of the marriage registration certificate (or divorce certificate);	Order to amend accounting documents; changes on the title page of the work book, as well as in the book of accounting for the movement of work books and inserts in them; changing data in the employee's personal card (form No. T-2); making changes to the personal account (form No. T-54); new insurance certificate of compulsory pension insurance
When changing residence
Personal statement; a copy of the passport with a new registration at the place of residence	An order to amend documents containing the employee's personal data; changes in the employee's personal card (form No. T-2)
When changing education
Personal statement; a copy of the document on education	Additions on the title page of the work book; additional information in the employee's personal card (form No. T-2)
When changing passport data
Personal statement; copy of passport with new data	An order to amend the employee's accounting documents; change or addition of information in the employee's personal card (form No. T-2)

Attachment 1

Application form for amendments to accounting documents

Annex 2

Draft order to change personal data in personnel documents

Annex 3

An example of a record about changing a surname in a work book

The Regulation on Personal Data establishes the obligation of the employee to notify the employer of changes in personal data, within a period not exceeding 5 calendar days. Is it legal to establish such an obligation for an employee in a local regulatory act?

Yes, it's legal.

In the Regulation on personal data developed by the organization, it is possible to establish the obligation of an employee to report changes in his data within the prescribed period, the provisions of the Labor Code of the Russian Federation on local acts of the organization (Article 8 of the Labor Code of the Russian Federation) allow this. The requirements of the employer's local regulations are binding on employees (with the exception of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts). Employees must be familiarized with such a local normative act against signature.

In addition, such an obligation can be fixed in the employment contract with the employee.

At the same time, it is better to decipher what is meant by personal data (change of registration, full name or other passport data, change in marital status or family composition). It is also necessary to establish not only the deadline, but also the procedure for submitting changes (in what form to report whether the submission of original documents is required, whether to provide copies of them).

The Regulation on Personal Data of Employees can provide, for example, the following wording: “ In a timely manner, within a reasonable time, not exceeding 5 working days, the employee is obliged to inform the employer personally or through his legal representative(you can specify a specific department, the position of the responsible employee), about changing your personal data, and submit original supporting documents».

How to draw up a Regulation on working with personal data of employees

An example of obtaining personal data of an employee from a previous employer

Employee of the organization E.V. Ivanova got a job in the Alpha organization in February 2013. In the same year, she went on maternity leave. In 2014, the employee goes on parental leave. Due to the fact that in 2013 the employee was in maternity leave, to calculate the allowance for caring for a child up to 1.5 years old, Ivanova asked to replace the 2013 billing period with 2010, which she completely worked out for another employer. Since Ivanova left her previous employer in January 2013, upon dismissal she was given a certificate of the amount of earnings for 2012 and 2011 (clause 3, part 2, article 4.1 of the Law of December 29, 2006 No. 255-FZ).

Accordingly, the new employer (Alfa) does not have information about the employee's earnings in 2010.

Consent of an employee to the processing of personal data

After receiving the employee's personal data, the employer needs to process them.

By general rule the processing of such data can only be carried out with the written consent of the employees. The consent must contain information about the amount of data being processed, the purposes, methods of processing, information about who processes the data, the period during which the consent of the employee is valid, and his signature (part 4 of article 9 of the Law of July 27, 2006 No. No. 152-FZ).

Labor Code Russian Federation

“Article 5. Labor legislation and other acts containing norms labor law

The regulation of labor relations and other relations directly related to them in accordance with the Constitution of the Russian Federation, federal constitutional laws is carried out:

labor legislation (including legislation on labor protection), consisting of this Code, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms;

other normative legal acts containing labor law norms:

decrees of the President of the Russian Federation;

Decrees of the Government of the Russian Federation and regulatory legal acts federal bodies executive power;

normative legal acts of the executive authorities of the constituent entities of the Russian Federation;

normative legal acts of local governments.

Labor relations and other directly related relations are also regulated by collective agreements, agreements and local regulations containing labor law norms.

Labor law norms contained in other federal laws must comply with this Code.

In case of contradictions between this Code and another federal law containing labor law norms, this Code shall apply.

If a newly adopted federal law containing labor law norms contradicts this Code, then this federal law shall be applied subject to the introduction of appropriate amendments to this Code.

Decrees of the President of the Russian Federation containing labor law norms must not contradict this Code and other federal laws.

Decrees of the Government of the Russian Federation containing labor law norms must not contradict this Code, other federal laws and decrees of the President of the Russian Federation.

Normative legal acts of federal executive bodies containing labor law norms must not contradict this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

The laws of the constituent entities of the Russian Federation containing labor law norms must not contradict this Code and other federal laws. Normative legal acts of the executive authorities of the constituent entities of the Russian Federation shall not contradict this Code, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulatory legal acts of the federal executive authorities.

Local self-government bodies have the right to adopt normative legal acts containing labor law norms within their competence in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation.

Article 8. Local regulations containing labor law norms

Employers, with the exception of employers - individuals who are not individual entrepreneurs, adopt local regulations containing labor law norms (hereinafter referred to as local regulations), within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.

In the cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if such a representative body exists).

The collective agreement, agreements may provide for the adoption of local regulations in agreement with the representative body of employees.

The norms of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, as well as local regulations adopted without observing the procedure established by Article 372 of this Code for taking into account the opinion of the representative body of employees , are not applicable. In such cases, labor legislation and other regulatory legal acts containing labor law norms are applied. collective agreement, agreements.

Article 86 General requirements when processing personal data of an employee and guaranteeing their protection

3) all personal data of the employee should be obtained from him. If the employee's personal data can only be obtained from a third party, then the employee must be notified of this in advance and written consent must be obtained from him. The employer must inform the employee about the purposes, intended sources and methods of obtaining personal data, as well as the nature of the personal data to be obtained and the consequences of the employee's refusal to give written consent to receive them;

Article 87. Storage and use of personal data of employees

The procedure for the storage and use of personal data of employees is established by the employer in compliance with the requirements of this Code and other federal laws.

“2.4. The employee provides the employer with reliable information about himself. The employer checks

reliability of information, comparing the data provided by the employee with those available to

employee documents.

2.5. When changing personal data, the employee notifies the employer in writing about

such changes within a reasonable time, not exceeding 14 days.

2.6. If necessary, the employer will request additional information from the employee.

The employee provides the required information and, if necessary, presents documents

confirming the accuracy of this information.

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