Various changes may occur in the structure of the enterprise, which must be reflected in the staffing table, employment agreement and work book. Therefore, you need to know how to make an entry in the work book about renaming a unit.
The names of departments, branches, divisions, services, directorates, faculties, departments and so on often change. For example, the “Legal and Documentation Department” could be renamed to the “Legal and Contracting Department.” Departments can be called directorates or directorates and vice versa.
In these cases, it is necessary to make the necessary entries in the work book based on the requirements of the law, that is, the Labor Code, Instructions and Rules. The third section of the Instructions states that information about any changes in the name of the position held, department (division) or the entire organization, which are included in the staffing and qualification directories in accordance with the approved procedure, must be brought to the attention of the personnel, and then the necessary changes must be made in work books based on a written decision of the administration.
If federal legislation provides for the imposition of any restrictions or provision of benefits in connection with work in a certain position and/or in certain departments, then their names must coincide with the names indicated in the qualification directories. Therefore, it is so important to accurately indicate the names (and renamings) of departments, positions, professions and specialties.
Design rules
Based on the requirements established in the Instructions for filling out work books, the renaming of a position should be done as follows:
- It is allowed to make a record of renaming a position only if only its name changes, and the staffing position of the unit is maintained in terms of the list of job responsibilities , as well as in terms of the salary level. If the list of job responsibilities changes, or the level of remuneration within the framework of remuneration changes, then there can be no talk of renaming the position - there will be a transfer to another position within one division or to another division (even if it has only changed its name);
- entering information into the work book that the employee’s position has been renamed is only possible if the employee was previously notified of such a change (the form of notification has no role, but it would be preferable to notify in writing so that the employee signs on the sheet familiarization);
- fixing the change made is possible only if we are talking about issuing a corresponding order or other legal act confirming the renaming of one or more positions.
If all of the listed rules are fully observed, then the implemented actions to rename the position will be considered legally legal and cannot be challenged by the employee.
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.
Reasons for renaming a position
Information about work in a position according to the staffing table is included in the employment agreement with the employee (Article 57 of the Labor Code of the Russian Federation). The name of the staff position is one of the mandatory conditions of the agreement, and the position itself is included in the staffing table of the enterprise.
Employers unilaterally rename the name in accordance with Art. 74 Labor Code of the Russian Federation. The reason for adjustments is production needs, updates in processes, and company structure. The name and staffing table are adjusted in accordance with the needs of the organization.
To record changes in the work book, renaming should be carried out in accordance with legal requirements:
- Develop a rationale for the reasons for the renaming.
- Notify the employee in writing of changes at least 2 months in advance.
- If there is agreement, draw up and sign by both parties an additional agreement to the contract with the employee.
- Approve the administrative document for the institution with the new job title. Indicate in it the justification for the renaming.
- Enter information into the employee’s personal card.
- Record the data in the work book.
Procedure according to law
In order to change the name in accordance with Russian legislation, it is necessary to perform a whole range of actions:
- Introducing changes fixing the decision to change the name into the constituent documents of a legal entity and approving them by decision of authorized persons/bodies. Such a decision can be formalized either in the form of an addition to the charter or in a new version of it as a whole.
- Entering information about changes into the unified register of legal entities. Since, according to the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”, the Unified State Register of Legal Entities must contain information about the full and abbreviated name, when changing the name of the organization, the specified information is necessarily included in the register. The set of documents for this action contains: an application in the established form (P13001), the decision to change the name itself, changes (additions or new editions), a receipt for payment of the fee. The kit can be taken directly to the registration authority (tax office) or sent by mail.
- After five working days, the changes must already be made in the Unified State Register of Legal Entities, and a certificate to this effect must be issued. From this moment on, the name change is considered accomplished.
- It is necessary to obtain new registration data from the Pension Fund, Social Insurance Fund, Federal Compulsory Medical Insurance Fund, as well as new statistics codes (from the Rosstat branch). Joint-stock companies additionally notify the FSFM of Russia. These actions can be carried out by a person authorized to act on behalf of the organization (usually a director).
- Notify counterparties and the bank providing settlement services about the change in details.
- Obtain the necessary licenses and permits for the new name of the legal entity. Re-issuance of these documents is usually done in a simplified manner compared to the initial receipt. Certificates of rights to real estate and transport do not lose their validity, but it is also advisable to re-register them.
- Carry out internal organizational measures (issue an order for the organization about a new name, forms, seals, employment contracts, notify all employees, etc.).
Read about whether an individual entrepreneur can work without a seal here.
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.
Expert opinion
Mikhailov Vladislav Ivanovich
Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.
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.
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:
A work book is created at the beginning of work activity. And it accompanies a person throughout his life.
This document records the main important events related to employment, change of place of work, position, name of the entire organization or its department. In this case, any information must be entered into the document in strict accordance with the established rules.
For an example of renaming a position in a work book, see the end of the article.
The legislative framework
The Instructions do not contain instructions for making a record of changing the name of a unit, but there is a procedure for making a record of renaming an organization (clauses 3.1 and 3.2).
Clause 3.1 stipulates that entries about the name of a position or specialty indicating the required qualifications must be made on the basis of the officially approved staffing of the company.
The law requires that the employee be notified of any changes made in the qualification directories and staffing of the company in accordance with the established procedure, and then the necessary changes should be made in the employee’s work book based on a written decision of the administration.
Clause 3.2 determines that if the name of the company changed while the employee was working at this enterprise, then it is necessary to reflect this in the entry as an individual line in the third column of the work section approximately in the following form: “CJSC Fakel has been renamed since July 21, 2010 in “Plamya” LLP, and in the fourth column the basis for such renaming should be indicated - an officially approved decision, resolution or order of the administration, as well as their details.
How to record a job title change
In the course of work, the head of the enterprise can change the staffing table at his own discretion. For example, when a company's activities expand, the names of positions occupied by employees change.
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For example, a person works as a sales consultant, and after the reorganization of the division he will become a sales department manager. A sample entry in his employment record about the renaming of a position necessarily reflects this change - the old and new title of the position in full.
Before recording a change in position in a sample work book, the employer is obliged to correctly formalize such renaming. This must be done in 3 stages:
1 | Draw up an additional agreement to the previously concluded employment contract. It must be signed by the employer and employee. |
2 | Issue an order specifying the new title of the employee’s position. The order must indicate why the renaming was carried out. For example, the reason may be a reduction in staff or another change in staffing. |
3 | Make appropriate changes to the employee’s personal card and other personnel documents. After this, the information is recorded in the work book. |
There is no single exact wording for this, so information can be entered in a conditionally free form. So, in the work book they put the date of change, the serial number of the entry, and in the 3rd column it is necessary to write that the title of the position has been changed. The last column indicates the number of the order due to which the renaming was carried out.
The following shows an example of renaming a position in a work book:
Entry no. | date | Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law) | Name, date and number of the document on the basis of which the entry was made | ||
number | month | year | |||
1 | 2 | 3 | 4 | ||
Limited Liability Company "Guru" (LLC "Guru") | |||||
1 | 17 | 08 | 2016 | Recruited to the Directorate for the position of Chief Lawyer | Order dated August 17, 2016 No. 08/16 |
2 | 25 | 09 | 2018 | The position of “Chief Lawyer” has been renamed to “Leading Lawyer-Deputy Director for Legal Affairs” | Order dated September 25, 2018 No. 39/18 |
How to reflect a department name change
When reorganizing an enterprise, you also have to make an entry in the work book about the renaming of the department. However, it is not always included: if the name of the department was not indicated when hiring, then you do not need to enter it during reorganization.
If it was not initially indicated that she would work in the cosmetics department, then when transferring to the food products department, no additional entries need to be made in the work book.
If the name of the department is an essential condition for employment, then an entry in the employment record about renaming the department must be made. This is necessary if, after restructuring the company's structure, the old department was completely abolished, merged with another structural unit, or simply received a new name.
In this case, the date and serial number of the entry are entered in the work book, after which the information is recorded that the employee was hired in a specific department, indicating the position at the enterprise. In the fourth column indicate the number of the order according to which the old name of the unit was replaced with a new one.
Vote:
We offer another job If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another available job (both a vacant position or work that meets his qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his condition health. In this case, the employer is obliged to offer all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for in the collective agreement, agreements, or employment contracts. The offer of vacant positions is also made in writing in duplicate.
Employment history
Expert opinion
Mikhailov Vladislav Ivanovich
Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.
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).
Transfer or renaming of a position
The decisive point in reflecting changes made to the staffing table in personnel records is its relationship to the employee’s labor function. It is understood as a specific type of work specified in the employment contract to perform duties in a position/profession in accordance with the staffing table in accordance with the specified level of qualifications.
The preparation of personnel documentation in this case will depend on whether this function has remained unchanged or not.
When, with a change in the name of a position in the staffing table, the employee’s labor functions are preserved, that is, the employee continues to perform the same duties as before, his transfer to a new position is not required. But the relevant information about the renaming must still be reflected in the additional agreement drawn up to the employment contract and in the work book entries.
If, with the renaming of a position (profession), the employee’s job functions have at least partially changed, for example, new responsibilities have been added or old ones have changed in some way, these innovations must be formalized through translation. In this case, the employee will undergo all procedures related to taking on a new position in full.
How to make an entry in the work book about a transfer to another position due to a change in the staffing table?
When changing the name of a position in the staffing table we are talking specifically about transferring to another job, then this procedure includes the following operations:
- concluding an additional agreement with the employee to his employment contract>
- issuing an order to transfer him from one job to another>
- making a corresponding entry in the work book.
The wording of the entry in the book is usual for translation:
- in column 1 – record number in order>
- in column 2 – date of transfer>
- in column 3 – the text “Transferred to the position...”>
- in column 4 - a link to the details of the transfer order.
How to make an entry in the work book about a change in position according to the staffing table?
When a change in the name of a position/profession did not affect the list of duties performed by the employee, that is, his job function remained the same, there is no need to transfer to another job. However, any change in the title of a position, whether full or partial, requires the inclusion of corrective information in the employment contract.
This involves doing the following:
- signing an order to amend the staffing table>
- concluding an additional agreement with the employee to the employment contract on renaming the position/specialty/profession>
- making a corresponding entry in the work book.
The procedure for making an entry in the book:
- in column 1 – record number>
- in column 2 – date of change in the name of the position/profession>
- in column 3 – text about renaming the position/profession>
- in column 4 - a link to the details of the order to amend the staffing table.
How to make an entry in the work book when changing the staffing table with the wording about renaming the position?
As for the wording of the text about renaming a position/profession entered in column 3, the Instructions for filling out work books do not say anything about this. But if we recall the entry made in the work book of a worker in the event of a change in the name of the enterprise (organization) where he works, then we can similarly reflect the renaming of his position (profession).
That is, the text of column 3 of the job information will be as follows: “The position ... (the previous one is indicated) from such and such a date (the start date of the staffing table) was renamed to the position ... (the new one is indicated).” This entry in the work book, like all others, must be familiarized with the owner’s signature.
Who makes the decision?
The decision to change the name is made by the authorized management body of the organization, whose competence includes the issue of changing or supplementing the constituent documents.
According to the law, such a decision is made by:
- General meeting of shareholders (Federal Law No. 208-FZ of 1995 “On JSC”, Article 48).
- General meeting of founders (Federal Law No. 14-FZ of 1998 “On LLC”, Article 33).
- The owner of the property is relative to unitary, municipal enterprises (Federal Law No. 161-FZ of 2011 “On State and Municipal Enterprises”, Article 20).
In any case, to decide who is competent to make such a decision, you should refer to the company’s constituent documents (regardless of whether the legal entity has a private or public form of ownership, provisions for making changes are recorded in such papers).
General rules for filling out a work book
There are a number of special requirements for how to fill out a work book. For this purpose, employees of the Ministry of Labor of the Russian Federation in their Resolution No. 69 of October 10, 2003.
described the general legal requirements for the preparation of the documents in question. Also, as practice demonstrates, HR employees often draw up detailed samples for younger specialists, which reveal the nuances of filling out work books in accordance with legal requirements and extensive legal practice.
In particular, the general requirements for the preparation of such documentation are:
- A mandatory aspect that must be included in the work book is a link to the original source of the labor relationship. It is assumed that the document in question will contain a link to the individual employment agreement with the subject (its number and date);
- marks in the labor report are made within 7 working days from the date of execution of the contract, in accordance with which the subject will carry out his professional activities.
- the text of the entry that is written in the employee’s document in question must correspond to the data taken from the manager’s order on accepting a new subordinate to the position;
- all dates in the book must be marked in Arabic numerals and written in the standard sequence: day, month, year;
- It is prohibited to shorten the entered information, including references to the provisions of legislative regulations). Abbreviations are allowed only if the specific abbreviation has previously been deciphered within the same entry;
- When recording any information in the book of an employed person, the subject must be informed about the data entered. Also, the information in question is duplicated in the subject’s personal card, with which he must be familiarized with his signature.