We prepare personnel documents when an employee’s personal data changes. We formalize a change in the personal data of an employee. Obligation to report a change in the personal data of a civil servant

During the time labor activity In the life of each person, various events occur, in connection with which his personal and biographical data change. A classic situation: an employee got married and changed her last name. Or she got divorced and returned her maiden name. It happens that men also change their 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 HR workers and accountants for record keeping.

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

If certain personal data changes, the citizen’s personal documents must be replaced:

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

Article 85 of the Labor Code of the Russian Federation understands 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 necessary to make changes to the employee’s personal documents, accounting documents, registration forms, including:

• in the work book;
• in the book of accounting for the movement of work books and inserts in them;
• to the employee’s personal card;
• to your personal account;
• V employment contract;
• in the card recording the amounts of accrued unified social tax and contributions to pension insurance.

These changes are usually made on the basis of a personal application from the employee with a request to make changes to documents containing personal data. Submitting an application is not a mandatory but advisable step. To such an application, the employee attaches copies of documents confirming the change in personal data (passport, certificate of marriage registration, divorce, change of surname or first name, patronymic, court decision, etc.), which are certified in the prescribed manner and filed in the employee’s personal file , if it is underway. The employee presents the originals of these documents to the employer.

An example of an employee’s application requesting changes to 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.

Based on the employee’s application, an order is issued for personnel to make changes to the accounting documents. This order will be the basis for making changes to the organization’s personnel and accounting documents, which contain the employee’s personal information that has changed. The order is drawn up in free text form; it must contain information about both the old and new data of the employee, and 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 marriage registration...” 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.

The order to make changes to documents containing personal data must be familiarized to the employee himself and the persons responsible for making the changes.

By the way

Changing information about an employee in the work book

Clause 2.3 Instructions for filling out work books, approved. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 (hereinafter referred to as the Instructions), established the following rules for making changes to information about an employee in the work book:

• Changes to entries in work books about last name, first name, patronymic and date of birth are made on the basis of a passport, birth certificate, marriage certificate, divorce certificate, change of 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) work book.
• The previous entry (last name or first name, patronymic, date of birth) is carefully crossed out with one line, and new data is written on top (below or on the same line where there is space). The crossed out entry must be easy to read.
• References to the relevant documents are made on the inside cover of the work book and 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 in the work book, entries about new education, profession, or specialty received by the employee are made by adding existing entries or filling out the corresponding lines without crossing out previously made entries (clause 2.4 of the Instructions).

If at the time the work book form is completed and the insert is issued, the employee’s surname, education or specialty has changed, then these changes are made on the title page of the work book, and the new data is recorded on the insert. The 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 for making changes to an employee’s personal card.

One of the options when changing an employee’s surname: the old surname is crossed out with one line and the new surname is indicated on the right. By the way, this is why it is usually recommended to write the surname closer to the left edge. If there is no space on the right, then the new surname can be written at the top. You should also indicate on the basis of which document the changes were made. This can be done in the field of the personal card opposite the line where the old last name is crossed out and the new one is written: “ Marriage certificate C1 No. 230 258 981 issued by the Izmailovo Department of the Civil Registry Office of the Moscow Civil Registry Office on December 5, 2008" 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 of the personnel employee can 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 a page of a personal card with changes made or additional lines under the column to make changes. In this case, a note is made on the old page indicating that the page was replaced due to a change in the 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 enter into a contract with the employee additional agreement to the employment contract in connection with a change in last name and other personal data. This conclusion can be drawn from Art. 57 of the Labor Code of the Russian Federation, according to which the content of an employment contract includes information and conditions.

Last name, first name, patronymic of the employee, information about the employee’s identity documents are referred to as “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 an 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.

Example of amendments to an employment contract

However, there is another point of view. It is believed that an additional agreement to the employment contract must be concluded even if the employee changes his last name and other personal data. Supporters 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, you cannot make changes to the 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 the 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 PFR keeps the individual personal account of the insured person for the entire life of the insured person (Article 6 of the Federal Law of 01.04.96 No. 27- Federal Law “On individual (personalized) registration in the compulsory pension insurance system”). If the insured person's surname, first name and patronymic name (the surname that the insured person had at birth), date of birth, place of birth, and gender change, the new personal data must be reflected in his individual personal account.

In the Instructions for filling out individual (personalized) registration document forms in the state pension insurance system, approved. Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p, included form ADV-2 “Application for exchange of insurance certificate”. This statement will be the basis for making a record of a change of name in the territorial body of the Pension Fund of Russia. The document is filled out by the insured person, but the Instructions allow it to be filled out by the organization’s personnel service.

An example of an application for exchange of an insurance certificate

An application for exchange of an insurance certificate is completed within two weeks and submitted to the territorial body of the Pension Fund of the Russian Federation. After this, within a month, the relevant PFR body issues 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 replacement of the insurance pension certificate is carried out by the policyholder, i.e. the employer. The employee must hand over the old pension insurance certificate to the human resources department, and further actions (transfer of documents to the Pension Fund of the Russian Federation, obtaining a new certificate) are taken by the employer. The employee receives a new insurance certificate from the HR department.

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

Let us determine the sequence of actions in the event of a change in the employee’s surname due to 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 the marriage certificate, issues an order to make changes to 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 employee’s work book, 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 the personal file (if it is maintained).
7. The employer makes changes to accounting documents: to the personal account; card for recording the amounts of accrued unified social tax and pension insurance contributions.
8. The employer ensures that the insured person is replaced and issued a new (instead of the previously issued) insurance certificate of compulsory pension insurance with the same insurance number of the individual personal account.

Federal Law No. 13-FZ dated 02/07/2016 (hereinafter referred to as Law No. 13-FZ) tightened administrative liability for violation of the legislation on the protection of personal data and differentiated the composition of administrative offenses. From July 1, 2017, liability for non-compliance with the rules on personal data established by Federal Law No. 152-FZ of July 27, 2006 (hereinafter referred to as Law No. 152-FZ) will increase significantly.

Maximum fine for legal entities will be 75 thousand rubles. (now – 10 thousand rubles). Obviously, employers who still do not pay enough attention to the rules for processing personal data need to focus on this. Otherwise, carelessness may result in significant financial losses for them.

New administrative fines.

Law No. 13-FZ rewritten the provisions of Art. 13.11 Code of Administrative Offenses of the Russian Federation. The new edition clarifies the elements of administrative offenses under the legislation on personal data and increases the amount of fines.

* The specified fine is imposed for each violation committed, therefore the initially declared fine amount is 15 - 75 thousand rubles. As a result, it can grow to quite impressive sizes.

Power to initiate proceedings against administrative offenses according to Art. 13.11 of the Code of Administrative Offenses of the Russian Federation were transferred from prosecutors to Roskomnadzor (in the new edition of clause 58, part 2, article 28.3 and part 1, article 28.4 of the Code of Administrative Offenses of the Russian Federation). But these cases will still be considered by the courts (Part 1 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation).

Note:

In addition to Roskomnadzor, Rostrud can verify the employer’s compliance with the requirements of the legislation in the field of personal data. After all, the provisions of Ch. 14 of the Labor Code of the Russian Federation (along with Law No. 152-FZ) defines the requirements for the processing of personal data of employees and guarantees of their protection. Labor inspectors are empowered to draw up protocols on administrative violations, including those provided for in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, in cases of violation of labor legislation (clause 16, part 2, article 28.3 of the Code of Administrative Offenses of the Russian Federation).

Before considering the question of how an employer can avoid fines, let us explain what is meant by personal data, the processing of personal data and the operator.

Personal data.

Personal data is information directly or indirectly related to the subject of personal data (that is, an individual) (Part 1, Article 3 of Law No. 152-FZ). That is, it allows you to unambiguously determine which person we are talking about.

The current legislation does not contain any specific instructions on what information is considered personal data (they are neither in Law No. 152-FZ, nor in Chapter 14 of the Labor Code of the Russian Federation). It only contains general principles. In essence, the concept under consideration is evaluative, which gives some scope for qualifying certain information about an individual as personal data. Obviously, this should be considered, first of all, information on the basis of which an unmistakable identification of the subject of personal data is possible. The employee, as a rule, provides such information himself when applying for a job. Personal information can also be obtained from a third party, however, with written consent employee (Part 3 of Article 86 of the Labor Code of the Russian Federation). In turn, anonymized information cannot be classified as personal data.

• last name, first name, patronymic;
• date and place of birth;
• address (place of registration);
• family, social and property status;
• education, profession;
• income, property and property liabilities.

This is general personal data. In addition to them, Law No. 152-FZ mentions:

• special personal data (concerning race, nationality, political views, religious or philosophical beliefs, health status, intimate life). By general rule processing of this data is not permitted. An exception is cases provided for in Part 2 of Art. 10 of the said law;
• biometric personal data (characterize the physiological and biological characteristics of a person, on the basis of which his personality can be identified). To process such information, the consent of the subject of personal data is required. An exception is cases established by Part 2 of Art. 11.

Note:

Personal data of employees is usually contained in the following documents:

• in a passport or other identity document;
• in the work book;
• in documents on military registration, education, family composition;
• in a certificate of income from a previous place of work;
• in the application form filled out during employment;
• in the employee’s personal card (form T-2);
• in marriage certificates, birth certificates;
• in medical certificates; etc.

The employer keeps copies of the listed documents, with the exception of questionnaires, work books and personal cards.

Processing of personal data.

The processing of personal data means any action (or set of actions) performed with them (with or without the use of automation tools). Action means collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of data (Part 3 of Article 3 of Law No. 152-FZ).

The purposes of processing personal data are determined by Part 1 of Art. 86 of the Labor Code of the Russian Federation, and its basic principles are Art. 5 of Law No. 152-FZ.

*According to Art. 87 of the Labor Code of the Russian Federation, the procedure for storing and using personal data of employees is established by each employer independently in compliance with the requirements Labor Code and other federal laws (including Law No. 152-FZ).

An important nuance: the legislation does not define requirements for the volume of personal data that an operator (employer) can process with the consent (or without) of its subject. Consequently, the parties have the right to determine the scope of information received and processed independently. It should be taken into account that the legal requirements for the procedure for obtaining consent to process information and for the procedure for processing it themselves differ depending on the type (category) of personal data.

Operator.

Operator – a person who organizes and carries out the processing of personal data (Part 2 of Article 3 of Law No. 152-FZ).

The above definition includes any employer (legal entity or individual entrepreneur) who has received the employee’s personal data at its disposal. This means that from this moment on, in accordance with the requirements of Law No. 152-FZ, he is assigned responsibilities for protecting and ensuring the safety of personal data of employees.

Moreover, in accordance with Part 1 of Art. 18.1 of Law No. 152-FZ, each operator must independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of the obligations provided for by this law. One of these measures is the publication by the operator of a local regulatory act establishing the procedure for processing personal data of employees in the organization. Art. requires the same from the operator. 86 and 87 of the Labor Code of the Russian Federation. IN local act(usually referred to as the Personal Data Regulations) defines the rights and obligations of both the subject of personal data and the operator.

We emphasize: the employer must have the specified document. For its absence, Roskomnadzor specialists may fine the operator (and his officials) on the basis of Part 3 of Art. 13.11 Code of Administrative Offenses of the Russian Federation.

Requirements for drawing up a statement of personal data.

When drawing up the Regulations on Personal Data, it is necessary to take into account the requirements for the receipt, processing, storage and use of personal data of employees established by Law No. 152-FZ and Chapter. 14 Labor Code of the Russian Federation. Based on the above-mentioned regulations, the provisions on Personal Data must indicate:

• list of information classified as personal data;
• what documents containing personal data of employees will the operator submit to various government agencies (non-budgetary funds, tax, labor inspectorates, statistical authorities, etc.);
• list of officials authorized to process, store and use personal data and, accordingly, responsible for violation of legal requirements;
• who has access to the personal data received and in what order;
• measures aimed at preserving and non-disclosure of personal data, as well as the procedure for their transfer (within the organization and to third parties);
• the procedure for providing the subject of personal data with information regarding the processing of his data;
• procedure for clarifying personal data of employees, blocking and destroying them;
• conditions and procedure for storing personal data of employees.

An important nuance: the employer should take into account the requirement of Part 8 of Art. 86 of the Labor Code of the Russian Federation, which states that employees and their representatives must be familiarized with the Regulations on Personal Data upon signature. In order to fulfill the specified requirement, the operator can, for example, draw up an appropriate journal in which employees will sign, confirming the fact of familiarization. But there are other ways to familiarize yourself with signature, for example, reflecting this fact in an employment contract.

So, the provision on personal data is perhaps the main document, the presence of which is required by law. Its absence may be grounds for imposing a fine under Parts 3 and 4 of Art. 13.11 Code of Administrative Offenses of the Russian Federation. But this is not the only document that the operator must draw up to properly comply with the requirements of the law.

Consent to the processing and transfer of personal data.

In part 1 of Art. 9 of Law No. 152-FZ states that consent must be specific, informed and conscious. It can be given by the subject of personal data (or his representative) in any form that allows confirmation of the fact of its receipt, unless otherwise established by Law No. 152-FZ. The said law does not directly say that the employee’s consent to the processing of personal data must be in writing.

But! Part 2 of Art. 13.11 of the Code of Administrative Offenses of the Russian Federation defines the responsibility of the operator and its officials for the processing of personal data:

• without written consent of the subject of personal data to the processing of his data in cases where such consent must be obtained under the legislation of the Russian Federation, if these actions do not contain a criminal offense;
• or in violation of the requirements established by the legislation of the Russian Federation for the composition of information included in the written consent of the subject of personal data to the processing of his data.

It turns out that when the current legislation in the field of personal data requires obtaining consent from the subject of this data, this consent must be formalized in writing (arbitrarily, since a single form is not provided for by law). After all, when controversial situations It is the operator who must prove the fact of obtaining consent (Part 3 of Article 9 of Law No. 152-FZ). And a written form of consent in this case will be very helpful.

Taking into account the above, it makes sense for the employer-operator to develop and approve as an annex to the Regulations on Personal Data an employee consent form for the processing and transfer of such data. Let us add that Law No. 152-FZ allows consent to be issued in the form of an electronic document.

What should be included in the consent?

Requirements for the content of written consent for cases where it is required by law are established by Part 4 of Art. 9 of Law No. 152-FZ. In this case, the consent must include:

1. Full name, address of the employee, details of the document proving his identity, including the date of issue and information about the issuing authority.
2. Upon receipt of consent from the employee's representative - his full name, address, details of his identity document, including the date of issue and information about the issuing authority, details of the power of attorney or other document confirming the authority of the representative.
3. Name or full name and address of the employer.
4. Purpose of processing personal data.
5. List of personal data that is subject to processing.
6. Full name and address of the person or name of the organization processing personal data on behalf of the employer, if it is entrusted to such a person or organization.
7. The list of actions with personal data, to which the employee has given consent, general description ways of processing them.
8. The period during which the employee’s consent to the processing of his personal data is valid, and the method for revoking consent.
9. Employee signature.

In other cases (when the law does not require obtaining the employee’s consent), Law No. 152-FZ does not establish special requirements for the content of consent. At the same time, the general rule provided for in Part 1 of Art. 9 of this law (on specific, informed and conscious consent) has not been repealed. Therefore, in any case, the consent must indicate the specific amount of personal data, the purposes and methods of their processing and storage.

When should consent to data processing be obtained and when not?

Law No. 152-FZ allows the processing of personal data of employees both with their consent (clause 1, part 1, article 6) and without it.

Here you should pay attention to the Explanations of Roskomnadzor. According to officials, the processing of an employee’s personal data does not require obtaining the appropriate consent of the specified person, provided that the volume of personal data processed by the employer does not exceed the established lists, and also corresponds to the purposes of processing provided for labor legislation(see table).

If personal data about an employee can only be obtained from a third party (remember, the corresponding possibility is provided for in Article 86 of the Labor Code of the Russian Federation), then he must be notified of this in advance and consent to process the information must be obtained from him.

Consent is also required if the employer plans to process other employee data (for example, contact information - cell phone number, email address).

About consent to data transfer.

In addition to consent to data processing, the operator must obtain the employee’s consent to transfer it to third parties (including for commercial purposes), which follows from paragraph. 2, 3 hours 1 tbsp. 88 Labor Code of the Russian Federation. This consent also clearly states what kind of operations with personal data the employer performs and what their purpose is.

Please note:

The operator must warn third parties that personal data can be used only for the purposes for which they were communicated, and require confirmation from these persons that this rule has been complied with (paragraph 4, part 1, article 88 of the Labor Code of the Russian Federation).

In some cases, the employee’s consent to transfer personal data to third parties is not required. Let's present these cases in a table.

* Family members, insurance companies, credit institutions, charitable organizations, non-governmental pension funds and other similar organizations are not included in the specified list of third parties. Therefore, the operator has the right to transfer the employee’s personal data to the mentioned persons only with his written consent.

“On amendments to the Code Russian Federation on administrative violations."

The text of the regulatory act is published in “Acts and Comments for Accountants”, No. 3, 2017.

“About personal data.”

See Resolution of the Federal Antimonopoly Service of North Kazakhstan Region dated March 11, 2014 in case No. A53-10287/2013.

The regulation on personal data, like any other local regulatory act, is approved by the head of the organization. If the organization has a representative body of employees (trade union), the designated document must be accepted taking into account the requirements established by Art. 372 Labor Code of the Russian Federation.

“Issues related to the processing of personal data of employees, applicants for vacant positions, as well as persons in the personnel reserve.” Posted on the official website of the department www.rsoc.ru 12/24/2012.

Current issues accounting and taxation, No. 3, 2017

In addition to the Labor Code of the Russian Federation, issues related to the processing of personal data are regulated by the Federal Law “On Personal Data” dated July 27, 2006 N 152-FZ (hereinafter referred to as Federal Law N 152-FZ), according to which the employer is classified as a personal data operator. Processing of personal data must be carried out on the basis of the principle of reliability of personal data, their sufficiency for the purposes of processing (clause 4 of part 1 of article 5 of Federal Law N 152-FZ).

The employer’s right to request from the employee documents containing his personal data is provided only in Article 65 of the Labor Code of the Russian Federation. When concluding an employment contract, a person applying for work presents to the employer:

• passport or other identity document;
• work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
• insurance certificate of state pension insurance;
• military registration documents - for those liable for military service and persons subject to conscription military service;
• a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.

It is obvious that in the process labor relations the employee’s personal data may change: the employee can change his last name, exchange his passport, improve his education, get additional education. All this information is, of course, important for the employer, who is obliged not only to keep records of changes, but also to take certain actions in a situation where such changes occur.

In particular, the employer’s obligation, in the event of a change in information about an employee, is directly provided for to make changes to the work book and the employee’s personal card, as well as to change the insurance certificate of compulsory pension insurance (clause 2.3 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated 10.10.2003 N 69, Instructions for the use and completion of primary forms accounting documentation, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1, as well as Art. 15 of the Federal Law "On individual (personalized) accounting in the compulsory pension insurance system" dated 04/01/1996 N 27-FZ). Despite this, neither the Labor Code of the Russian Federation nor Federal Law No. 152-FZ gives the employer the right to demand that the employee provide timely information about changes in his data. There are practically no mechanisms in the legislation to ensure the implementation of the principle of reliability of personal data and its sufficiency. The employer is not vested with the authority to allow him to timely and fully obtain reliable data from the employee - the subject of personal data.

Within its competence in accordance with labor legislation and other regulations legal acts, containing norms labor law, collective agreements, agreements, employers, with the exception of employers - individuals who are not individual entrepreneurs, have the right to adopt local regulations containing labor law standards (Article 8, Article 22 of the Labor Code of the Russian Federation).

Therefore, the rights and obligations of employees and employers in the field of protection and processing of personal data can be established in a regulation on the protection of personal data or another document regulating the relationship between the parties to an employment contract in this area. Employees and their representatives must be familiarized with these documents against signature (Clause 8 of Article 86 of the Labor Code of the Russian Federation), which, by virtue of Art. 21 of the Labor Code of the Russian Federation are mandatory for workers. Please note that these documents cannot limit the guarantees of employees or worsen their situation in comparison with that established by the Labor Code of the Russian Federation, Federal Law N 152-FZ, collective agreements and agreements.

However, even if the organization has not adopted a local regulatory act obliging the employee to promptly and fully provide information about changes in his personal data, this does not deprive the employer of the opportunity to contact the employee with a corresponding request that the employee either confirm the accuracy of existing data. the employer has information or provided information about their change.

We note that in paragraph 27 of the resolution of the Plenum Supreme Court RF dated 17.03.2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” it is explained that in relations between an employee and an employer the general legal principle of the inadmissibility of abuse of rights, including by the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal temporary disability during his dismissal from work, or the fact that he is a member trade union or the head (his deputy) of an elected collegial body of a primary trade union organization, an elected collegial body of a trade union organization of a structural unit of an organization (not lower than a workshop and equivalent to it), not released from his main job, when the decision on the issue of dismissal must be made in compliance with the procedure for taking into account a reasoned opinion elected body of the primary trade union organization, or, accordingly, with the prior consent of a higher elected trade union body. The employer should not be held liable for adverse consequences resulting from dishonest actions on the part of the employee.

We believe that the court’s approach applied in relation to disputes about reinstatement at work can be used in other situations when an employee deliberately abuses his right. Therefore, even if the organization has not adopted a provision on the protection of personal data or another document imposing on the employee the obligation to provide information about changes in personal data to the employer, the employee still does not have the right to refuse the employer to provide the relevant information.

Consequently, current legislation does not give the employer the right to demand from the employee the timely provision of information about changes in his data, unless otherwise established in local regulations. regulations employer, for example, in the regulation on the protection of personal data. However, the employer may ask the employee to confirm the accuracy of the information already available to the employer or to provide information about changing it.

In organizations, personal (personal) data of employees is contained mainly in personnel and accounting documents. How to properly prepare personnel documentation when changing personal data? This question often arises for employees of HR 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 an employee’s personal data (for example, last name)? To date, the legislation cannot give an unambiguous answer. However, following the logic of the current at the moment laws and regulations, we can come to the conclusion that such an additional agreement is not necessary. Yes, the last name, first 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 provisions of Art. 57 Labor Code of the Russian Federation. However, these are not conditions (mandatory or additional) listed in the employment contract to which the employee and employer agree, but information. This information is provided in the employment contract on the basis of relevant documents. After all, the terms of the employment contract cannot stipulate that on Fridays the employee’s last name will be Ivanov, and on Mondays – Sidorov. The last name is indicated in accordance with the documents of employee Ivanov, and, no matter how much he wants to be Sidorov, until the last name 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, when concluding an 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 for its termination. 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 an appendix 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 the terms of the employment contract change. Information is not mentioned in this article. Thus, changed personal data are simply entered into copies of employment contracts (old information is crossed out, new information is added, as in the employee’s personal card, form No. T-2). The basis is still an order to make changes to accounting documents.

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

Personal (personal) data – any information relating to an individual identified or determined through such information (subject of personal data). 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 may occur in the life of an organization’s employees - marriage, the birth of children, a change of place of residence or registration, obtaining an education or advanced training, etc. The resulting change in personal information can significantly affect career growth, social and pension contributions, so let’s talk about everything In such cases, employees must report to HR in a timely manner. Most often changed:

• surname (if changes in acts civil status– marriage or divorce);
• place of residence (when moving or changing registration);
• information about education (upon admission and graduation from educational institutions);
• passport data (upon reaching 20 and 45 years of age or when changing your passport).

When changing personal and biographical data, HR employees most often make the following mistakes:

• Changes to the employee's credentials are made on the basis of inadequate documents.
• Not complied with technical requirements to make changes.
• The reasons for making changes are not indicated (there is no link to the relevant document).

First of all, the employee himself must contact the organization’s personnel service, and only then a specialist will reflect the changes in his accounting documents. The general procedure for entering any new information about an employee is a sequence of actions that we will consider.

Step 1

At this stage, the employee of the organization must submit a written application to the employer requesting changes to the accounting documents and copies of supporting documents. In addition, he needs to replace the certificate of TIN assignment and medical insurance. The application form for changes to 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) based on the documents submitted by the employee and his written statement about the need to make changes to his accounting documents. This order must be registered in the logbook for registering orders for personnel, and then familiarized with it against the signature of the employee himself, as well as the responsible employees of the personnel service and accounting department. 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), and also indicate the details of the supporting documents. The previous information must be crossed out with one line and the new information must be entered on top. Here, the HR employee must sign and date the changes. 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 work book. According to clause 26 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, as well as clauses 2.3 and 2.4 of the Instructions for filling out work books, approved. By Decree of the Ministry of Labor and Social Development of the Russian Federation dated October 10, 2003 No. 69, changes in records of the surname, name, patronymic and date of birth, as well as education, profession and specialty of the employee are made by the employer at the last place of work on the basis of a passport, birth certificate, 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, cross out the previous entry (its incorrect or no longer relevant part) with one line (on a ruler with a ballpoint pen or ink), after which new information is written down (as a rule, higher up, in an empty space). References to the name of the relevant document, its number and date are made on the inside cover of the work book and certified by the signature of the employer (employee of the personnel service (department) with the appropriate authority) and the seal of the organization. Amendments (corrections) to the records of a new education (profession, specialty) received by an employee are made by adding previously made records (if they already exist) or filling out the corresponding lines without crossing out 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 that records the movement of work books and inserts in them, which also contains the employee’s personal data. An example of an entry about a change of name in a work book is presented in Appendix 3.

Step 5

In accordance with the Instructions for ensuring the functioning of the military registration system for citizens of the Russian Federation, approved. Order of the Minister of Defense of the Russian Federation dated 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 an employee liable for military service, the personnel officer must make changes to the military registration documents.

When there is a change in the marital status, education, structural unit of the organization, position, place of residence or place of stay, health status (disability) of citizens registered with the military, employees carrying out military registration in organizations fill out and hand over to such employee against a personal receipt in the journal recording sheets of messages and counterfoils for them sheet of notification about changes in information about citizens registered with the military, in the form established in Appendix No. 1 to the Procedure for reporting by organizations about changes in marital status, education, structural unit of the organization, position, place of residence or place of stay , health status of citizens registered with the military, to military commissariats, presented in Appendix No. 13 methodological recommendations(hereinafter referred to as the Procedure). Information about changes in the marital status, education, structural unit of the organization, position, place of residence or place of stay, health status (disability) of citizens registered with the military is sent by organizations within two weeks to the military commissariat at the place of residence (place of stay) of the citizens. The form for reporting changes in information about citizens 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, if an employee changes his last name, first name or patronymic, a personnel service employee must submit an application to the territorial body of the Pension Fund 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 Board of the Pension Fund of July 31, 2006 No. 192p. According to paragraph 14 of the Instructions, a new certificate is issued by the employer to the employee within a week after its receipt. To confirm receipt of a new certificate, the employee must sign the accompanying statement.

Step 7

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

Step 8

Then you need to notify the tax office at the place of registration of the organization about changes in personal data (surname/name). 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 the director receives 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 Pension Fund, Compulsory Medical Insurance Fund, Social Insurance Fund.

Step 10

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

Table

List of reasons for making changes to personnel documents

Appendix 1

Application form for amendments to accounting documents

Appendix 2

Draft order on changing personal data in personnel documents

Appendix 3

An example of an entry about changing a surname in a work book

Personal data of citizens is personal information directly or indirectly related to a specific person. Such data includes full name. a person, his date of birth, passport details, TIN, SNILS, telephone numbers, residential address, email, etc. For some reason, a person’s personal data may change. Should he provide information about changes in personal data, to whom and in what form - read about this in our article.

Why report new personal information?

Citizens provide their personal data for various purposes to many organizations and institutions: employers when applying for a job, clinics when receiving medical services, educational institutions when studying, government agencies when registering rights and obtaining various documents (for example, international passports), etc. All these persons are operators of personal data on the basis of Law No. 152-FZ dated July 27, 2006 and are obliged to maintain the confidentiality of the information received, not distributing it without the consent of the individual (Article 7 of Law No. 152-FZ).

Operators may process personal data only for the purposes for which they were obtained. At the same time, their accuracy, sufficiency and relevance must be ensured, for which the operator deletes or clarifies incomplete and outdated information (Articles 5, 9 of Law No. 152-FZ). To fulfill this requirement, the operator must receive updated data from the individual.

The citizen himself is also interested in timely updating, since outdated information can negatively affect him. For example, having changed his passport and not notifying the bank about it, he has problems with transferring money, payment cards, etc.

Each organization itself establishes regulations for actions when changing personal data. Government agencies can develop special application forms or questionnaires that take into account previous and current personal data of citizens.

If the employee’s personal data has changed

When applying for a job, an employee presents the employer with a passport, military registration document, SNILS, diplomas, etc. (Article 65 of the Labor Code of the Russian Federation). Any of this information may change over time. Depending on what changes in personal data have occurred, the employer is obliged to make changes to the employment contract and personnel documents, and change the employee’s SNILS.

But at the same time, the law does not oblige employees to promptly notify the employer about changes in their data, which is very disadvantageous for the company, because reports submitted with outdated information may be considered unreliable, which could result in a fine of 500 rubles. for each such document (Article 126.1 of the Tax Code of the Russian Federation).

To avoid problems, the employer can add a clause to the Personal Data Regulations containing a specific period during which the employee must report changes. You can also prescribe the procedure for such notification, but it is impossible to hold the employee liable for any untimely communication of updated personal data.

Information about changing personal data for a foreign passport

Government agencies will have to report changes to their data in any case. So, when receiving a foreign passport, a citizen, turning to migration service, fills necessary documents, and one of the main ones is an application for obtaining an old or new type of international passport. Its form was approved by order of the Federal Migration Service of the Russian Federation dated October 15, 2012 No. 320 (Appendix No. 1). In addition to current personal data (full name, gender, date and place of birth, address of residence and place of residence, etc.), the questionnaire contains information about changes in personal data, if any.

Only data that has been changed is entered. For example, a woman who got married only changed her last name. This means that in paragraph 5 of the questionnaire the line “last name” will be filled in, as well as the lines reserved for indicating the place and date of data change.

In the case where the changes were repeated, you will additionally have to fill out Appendix No. 2, in which you can indicate all other cases of change of personal data.