Additional agreement on the renaming of the position. Supplementary agreement to the employment contract: how to draw up

AT modern conditions employers often have to make changes to the employment contract. In some cases, such an agreement is required by the Labor Code. Therefore, it is important to treat the drafting of an additional agreement with full responsibility. Our article will help you decide on the execution of the agreement and the wording of the necessary changes or additions.

The initiator of amending the employment contract can be not only the employer, but also the employee. When initiated by the employer, it should be remembered that he must notify employees of changes in the terms of the employment contract at least two months before the upcoming changes (for example, when changing wages, working hours or the nature of work). But it is important for the employer not only to comply with the mandatory procedures, but also to draw them up correctly.
Sample additional agreements:

Additional agreement to the employment contract on changing the working hours

We draw up the preamble of the agreement

So, first of all, let's define the name of the agreement. Since the replacement of the provisions of the employment contract, words, numbers and the addition of paragraphs or articles to the text are a change in the text, we believe that it is best to name the agreement as follows: "Agreement to change the terms of the employment contract" or "Agreement to amend the employment contract". However, if you choose to title the document, for example, "Addendum to employment contract", - this will not be an error.
The next step is to write a preamble. It is optimal if in the agreement she repeats the preamble of the employment contract. At the same time, it is desirable that reservations be made in relation to previously concluded treaties and agreements.
If the preamble is classical, it looks like this:

Kalinka Limited Liability Company represented by the director Bury Ivan Petrovich, acting on the basis of the charter, referred to as the Employer, on the one hand, and Shimanskaya Lyudmila Vasilievna, hereinafter referred to as the Employee, on the other hand, have entered into this agreement as follows...

If you want to indicate in the preamble the connection with the employment contract that is being amended, you can give a different wording:

Limited Liability Company "Kalinka" represented by director Bury Ivan Petrovich, acting on the basis of the charter, referred to as the Employer, on the one hand, and Shimanskaya Lyudmila Vasilievna, hereinafter referred to as the Worker, on the other hand, have concluded this agreement to the employment contract dated March 12, 2008 Mr. N 36 about the following ...

Sometimes the employer wants to record the reason for making changes to the employment contract, and sometimes he is simply obliged to do so. For example, in accordance with Art. 74 of the Labor Code of the Russian Federation, the reasons associated with changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.) must be reflected in an additional agreement. This information can be reflected both in the preamble and in the text of the agreement itself.
Here is an example of a preamble:

Limited Liability Company "Kalinka" represented by director Bury Ivan Petrovich, acting on the basis of the charter, referred to as the Employer, on the one hand, and Shimanskaya Lyudmila Vasilievna, hereinafter referred to as the Employee, on the other hand, satisfying the request of the Employee, set out in the application dated January 13 2010, came to an agreement on making the following changes to the employment contract of March 12, 2008 N 36 ...

If you still do not want to overload the preamble and state the reason for amending the employment contract in the text of the agreement, this can be done as follows:

Kalinka Limited Liability Company represented by the director Bury Ivan Petrovich, acting on the basis of the charter, and Shimanskaya Lyudmila Vasilievna, referred to in the employment contract of March 12, 2008 N 36, respectively, as the Employer and the Employee, have concluded this agreement as follows:
1. Due to changes organizational structure Kalinka LLC and the abolition of the legal department, the following changes are made to the employment contract of March 12, 2008 N 36 ...

We draw up the text of the agreement to the employment contract

The text of the agreement is the main requisite of the document. The quality of the drafting and design of the text reflects the level of professional training of the compiler and the managerial culture in the organization.
In order for the changes made to be clear and understandable, the following rules must be followed:
1. Sequentially state the changes, indicating the article, paragraph or subparagraph in which they are made. This means that it is not necessary to make changes in the text of the agreement first, for example, in clause 7 of the employment contract, and then in clause 3. It is correct to fix the change in the third clause first, and then the seventh.

2. It is impossible to make changes without specifying the structural units (paragraph, subparagraph) of the employment contract. That is, when making changes to the text of the agreement, it is necessary to specifically indicate where they are being made. You can not write: "Words" of the average monthly wages"replace with words" official salary". Correct: "In clause 3.2, the words "average monthly salary" should be replaced by the words "official salary."

3. When changing numbers in an agreement, you need to use the term "numbers". For example:

In clause 3.5, the figures "9000" shall be replaced by the figures "11,000".
In subparagraph "d" of paragraph 2.6, the figures "5, 20" shall be replaced by the figures "10, 25".

4. While maintaining the terms of the employment contract and supplementing it with new ones, we recommend that you bring new edition supplemented structural units (paragraphs, subparagraphs, articles). To do this, you can use the following structures:

Supplement the employment contract with paragraph 3.6 of the following content: "3.6....".
Subparagraph "c" of paragraph 5.4 shall be supplemented with the third paragraph of the following content: "...".
The second paragraph of clause 4.4 shall be supplemented with the following sentence: "...".
Supplement section 3 with paragraph 3.5 as follows: "3.5....". Paragraph 3.5 shall be considered as paragraph 3.6.

The latter option is highly undesirable, although in small organizations it is quite possible, since a personnel worker can remember which condition under which number was originally in the employment contract.

Addition and deletion of phrases, formulations and words

When supplementing the text of the agreement with a new clause, the numbering of the clauses continues. For example, if the last clause in the employment contract is 25, then in the agreement you can write:

Supplement the employment contract with paragraph 26 of the following content: "..."

If the employment contract is structured into sections and paragraphs are highlighted in each, when a new paragraph is added, the numbering within the section also continues.
Sometimes you don't need to add new sentences, paragraphs, or paragraphs, but just a few words. In this case, changes can be made as follows:

Paragraph three of clause 6.2 after the words "rules of carriage" shall be supplemented with the words "and passenger service".
In the third sentence of clause 1.3, after the word "surcharges", insert the word "surcharges".

When complemented words are at the end of a sentence, we recommend the following constructions:

Paragraph 3 shall be supplemented with the words "until the expiration of 6 months". Supplement subparagraph "b" of paragraph 12 with the following words: "and ensuring labor safety".

If it is necessary to replace words or sentences, we offer the following wording:

In subparagraph "a" of paragraph 2.2, the word "filling" shall be replaced by the word "compliance" in the appropriate case.
In paragraph 7.2, the words "bring to liability" shall be replaced by the words "bring to disciplinary responsibility".
In clause 4.1, the text after the words "other regulatory legal acts" and until the end of the sentence shall be replaced by the words "local regulations terms of the collective agreement.

Clause 3.1 shall be amended as follows: "For family reasons and other good reasons An employee, on the basis of his written application, may be granted leave without pay for a period not exceeding 40 days a year.
Clause 3.1 shall be amended as follows: "3.1....".
Amend paragraph 3.1, stating it in the following wording: "...".

Sometimes personnel officers have a question when re-amending an employment contract: how to draw up an agreement to amend the first agreement or employment contract? We answer. Changes are always made to the employment contract, so there is no point in making changes to the supplementary agreement.
Remember, if you state a paragraph, subparagraph or section of an employment contract in a new edition, this does not automatically invalidate the intermediate editions, since they may be partially stated in the new edition and each of the editions will be valid for the period of time covered by the agreement .
If it is necessary to exclude words, phrases or sentences from the text of the employment contract, indicate the specific clause, subclause or section of the contract from which they are excluded.

In paragraph 4.1, delete the words "rules of travel and baggage". In the second sentence of paragraph 2.5, delete the word "surcharges".

If it is planned to exclude a paragraph, subparagraph, paragraph or an entire section from the text, they must be clearly identified, and it is to exclude them, and not to recognize them as invalid.

Paragraph 3.2 shall be deleted.
Delete item 2.4 from Section 2.

If the exception of a clause in a section caused a numbering failure, you can correct the situation with the following phrase in the agreement.

Item 3.2 from section 3 should be excluded. Paragraphs 3.3 and 3.4 shall be considered as paragraphs 3.2 and 3.3 respectively.

It happens that the employment contract is not structured and it is rather problematic to make changes to it. But it is still possible to do this with the help of the following formulations:

The paragraph beginning with the words "..." shall be supplemented with the words "..." after the words "...".
Delete from the tenth paragraph of the contract the sentence beginning with the words "...".
Supplement the sixth paragraph with the following sentence: "...".

For better understanding the text of an employment contract sometimes requires a paragraph or even a paragraph to be highlighted. This edit can be expressed as follows:

Select in a separate paragraph a sentence beginning with the words: "The employee has the right to complete reliable information about working conditions ...".

It happens that changes affect a very large number of paragraphs, subparagraphs and sections, for example, when transferring from one position to another, the name of the position, the name of the department, the rights and obligations of the employee will change due to the new labor function, wage conditions and other conditions. In such cases, we recommend that you draw up an employment contract with the amendments as an appendix to the agreement. To do this, the following wording is usually used in agreements: "To facilitate understanding of the terms of the employment contract, the latter is printed as a separate document with the changes made by this agreement, and is an annex to it." In this case, it is necessary to make a note on a copy of the old employment contract: "From January 15, 2010, the text of the employment contract is used as amended by the supplementary agreement of December 30, 2009."

How to complete the agreement on changing the terms of the employment contract?

Since we change only some of the terms of the employment contract with the supplementary agreement, the rest remain unchanged, which must be noted at the end of the supplementary agreement. In addition, it is necessary to fix the procedure for the entry into force of this agreement and indicate the number of copies - it must correspond to the number of copies of the employment contract.

2. The terms of the employment contract, not affected by this agreement, remain unchanged.
3. This agreement is an integral part of the employment contract dated March 12, 2008 N 36.
4. This agreement is made in two copies, one for each of the parties and comes into force on January 13, 2010.

Here is an example of an additional agreement.

Additional agreement to the employment contract on changing the working hours (sample) (DOC 25.512 Kb)
ADDITIONAL AGREEMENT TO THE EMPLOYMENT CONTRACT (DOC 24.512 Kb)

Articles in this section

What do employers confuse when combining and combining?
One of the issues in which HR is still sometimes confused is part-time work and combination. Despite the consonance of terms, they have serious differences, and they are spelled out in Art. 60.1 and 60.2, as well as in Art. 282 Labor Code RF. Let's analyze the issue and pay attention to important nuances.
What should you be aware of when hiring employees with disabilities or how to determine disability?
In accordance with Part 1 of Article 21 of the Federal Law of November 24, 1995 No. 181-FZ “On social protection disabled people in Russian Federation”, companies with more than 100 employees must create jobs for people with disabilities. But remember about...
What are the benefits of remote work?
AT last years companies are increasingly entering into remote employment contracts with employees. This is not surprising: today many specialties, for example, medical and sales representatives, merchandisers, etc. - associated with trips. The article is published in…
What are the risks associated with a fixed-term employment contract for a project?
Project work is a well-known and popular term in recent years. But it also carries a lot of risks for employers. It is no coincidence that an employment contract for a project is one of the most difficult topics for business.
How to terminate a fixed-term employment contract at a "maternity rate"?
While one of the employees is on maternity leave, and then on parental leave, you open a "maternity" rate. But sooner or later the main worker returns, and it's time to part with the temporary.
Transfer of an employee to another unit within the city
Let us consider in what cases the company has the right to unilaterally change the terms of the employment contract and transfer the employee from one structural unit to another when they are located in different parts locality.
How to transfer an employee from a part-time job to the main place of work?
A common situation: an employee who worked part-time for you brought work book because he quit his job. And now you are his main employer. There is one detail left - to re-register it. In practice, this is done from time to time ...
Employment contract with the director: to be or not to be?
The Ministry of Finance of Russia and Rostrud are sure that the employment contract with the director - sole founder companies cannot be entered into, since there is no employment relationship. However, the Ministry of Health and Social Development of Russia, funds and judges have a different opinion. As a rule, an employment contract with a manager ...
Creative worker: features of labor relations
Creative workers are subjects labor law therefore, they are subject to the provisions of labor legislation, labor and collective agreements, as well as agreements and other regulatory legal acts. Consider the normative regulation of the labor of creative workers. The Labor Code does not contain a clear definition ...
Agreement with a regional representative
Depending on a number of conditions that will be discussed in the article, with regional representative either a civil law contract (contract paid provision services / work contract, agency contract) or an employment contract. The article is published in…
Agency labor and its imminent ban. How to work in new conditions
It is no secret that many employers attract workers "from outside". However, with next year agency work will be prohibited. How to work in the new conditions, read the article. The article is published as part of the HRMaximum…
Employment contract with the manager
When employing a manager who is at the same time the only member of the company, the question often arises: is it necessary to conclude an employment contract with him? Some experts insist that an employment contract cannot be concluded with oneself. However, this is an erroneous assertion.
Hiring a manager
Registration of the hiring of the head of the organization for work takes place according to general rules established by the Labor Code, with some features. A number of these nuances are associated with a fairly common situation when the head of an organization ( CEO, director) is also its sole shareholder or participant.
Fixed-term employment contract
A fixed-term employment contract, by its legal nature, is a more convenient form for the employer, therefore, in pursuit of the benefits of such an agreement and the desire not to bind themselves with labor relations with an employee for an indefinite period, employers often forget about the nuances of concluding and terminating this type of contract.
Seasonal worker - personnel issues
When hiring a seasonal worker, you need to pay attention not only to the main provisions that should be indicated in the employment contract with such an employee, but also to the procedure for providing the main and additional holidays and maternity leave.
Violations of labor law when hiring
In the vacancies of many organizations, certain requirements are set: age restrictions, a presentable appearance, and sometimes even the presence of children. Refusal to hire on these parameters is a violation of labor laws.
How to get a student intern for the summer
So sleepless nights and mountains of abstracts were left behind, the results of the next session were summed up, it was time for the long-awaited vacation, but not for all students. Some of them are sent to industrial practice. How to form a relationship with an intern? Do I need to sign an employment contract? Are there any student benefits?
We arrange labor relations for the season
There are a number of features that must be considered when hiring seasonal workers. If this is not done, then contract of employment for a season can be qualified as a contract concluded with an employee for an indefinite period ... Read the article on how to properly draw up an employment contract with seasonal workers and what to pay attention to in the first place.
Employment contract with an employee
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor norms ...
Collective agreement: Rules of conclusion
Regulation of labor and other relations directly related to them can be carried out by concluding, amending, supplementing collective agreements by employees and employers (Article 9 of the Labor Code of the Russian Federation). Sometimes this is understood as an opportunity to include provisions in collective agreements that do not comply with the norms established by the Labor Code of the Russian Federation and other laws. What collective agreement and what are the rules for its conclusion and changes, we will tell in this article.
Termination of the employment contract by agreement of the parties
Dismissal by agreement of the parties - Code in Art. 78 singles out the agreement of the parties as independent founding termination of an employment contract: such an agreement may be terminated at any time by agreement of its parties. Termination of an employment contract on this basis is possible only in the event of an agreed expression of the will of the employer and employee, aimed at terminating the employment contract.
Features of a fixed-term employment contract
An employment contract is the main document concluded between an employer and an employee when applying for a job. According to Art. 56, an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to ...
Work for "far away lands". We send a specialist to perform work at the counterparty’s facility, formalize relations with him, make payments to him and pay taxes
Sometimes, in order to perform work for a customer counterparty, an organization needs to attract a qualified specialist on a temporary basis. For example, to connect equipment sold to a counterparty, a competent electrician is required, but there is no such specialist on the staff of the organization. At the same time, under the terms of the contract, connecting the equipment is the responsibility of the seller.
Employment contract with a homeworker
Please bring exemplary sample employment contract for a homeworker. What are the features of his conclusion?
Is it necessary to conclude an employment contract with a student-trainee?
Sometimes students turn to the head of the institution educational institutions with a request to undergo industrial or pre-diploma practice in this institution. Some employers agree to look at potential candidates, while others refuse due to the fact that the specialties received by graduates do not always correspond to the demand of organizations, as well as from a lack of understanding of the status of a student doing internship in an organization.
If the employee refused to sign the employment contract
How to protect yourself and what to look for in order to avoid problems, tells given material. The author shares his experience on the issue of drawing up employment contracts from the point of view of regulatory authorities, focusing on the attitude of the employer himself, which often leads to controversial situations.

When hiring a new employee, the issue of the possibility of hiring him under a civil law contract on a legal basis is decided in order to reduce the tax expenses of the organization and obtain other benefits. What are the benefits?

An employment contract is a document that defines the working conditions for an employee. As time passes, situations arise that require adjustments to the contract.

When changing the salary, when transferring to another position and combining work, the employer and employee draw up an additional agreement. How to draw up an auxiliary act, more in the material.

Details of the question of what constitutes an additional agreement to the employment contract on combining positions can be found in the article at the link.

How to draw up an additional agreement to an employment contract?

A special agreement is drawn up if there are good reasons: change in salary, transfer to another workplace, combination of positions. Based on the provisions of Article 72 of the Labor Code, it is necessary to draw up a legal sample with a mutual decision of the parties.

Based on the consent of the employee and the employer, it is issued in free form, ancillary arrangement in duplicate. One sample remains with the boss, the second is provided to the employee. Registration of documentation has legal force only after the signature of the ward and the head (then the corresponding entry is made in the register of employment contracts and additional agreements).

If the organization has an accounting journal, then it must be added that labor contract has a supporting document. It has such legal functions as an employment contract.

If the agreement needs to be modified a large number aspects that relate to changes in salary, extension of the term of work, combination of positions, then it is written: “Changed conditions labor act are fixed in a special agreement to the treaty.

There are two types of conditions to an agreement: mandatory and optional.

Mandatory include:

Changes related to working conditions. If the employer decided to deform the work schedule of the employee. It is necessary to issue a notice no earlier than two months in advance, based on Article 74 of the Labor Code.
Changes that relate to an increase or decrease in the salary of an employee.
Modernization of the employee's working mode.

Additional circumstances are:

Refinement of the place of work.
Working time.
Having an insurance policy.
Improving the level of living conditions.

A number of important situations that an employer should take seriously include: transfer to another department or location, extension of the contract, combination of positions and demotion of an employee due to illness.

On the basis of articles: 72.1, 72.2, 73 and 73 of the Labor Code of the Russian Federation, the execution of a special agreement, according to the above points, is carried out only by mutual agreement of the parties.

Additional agreement to the employment contract on salary changes

Changing the salary of labor is a condition that is prescribed only by mutual decision of the boss and the ward. AT free form, the employer draws up a document on the change in wages.

Only after the signature of the employee, the subsidiary agreement is considered legal. To correctly compose type specimen additional agreement on changing the salary, you can download this example:

Additional agreement to the employment contract on the combination of positions

If the employee has required level qualifications, in order to fulfill temporary obligations, the employer draws up an auxiliary document for combination, based on paragraph 2 of Article 60.

You can combine work if the positions are in the same department and there are free time to perform temporary functions of a part-time worker.

To make an agreement, you need to write an application for a temporary transfer official functions new employee, draw up an auxiliary act and sign an order to combine.

For more detailed information on how to properly draw up a document, you can download a typical sample here:

Additional agreement to the employment contract on transfer to another position

Transfer to another position is made with the consent of the employee. In the terms of the supporting document to the contract, the name of another work vacancy and the date of the start of the transfer are written.

Prescribing changes in an additional document is carried out only after an order is issued to transfer the employee to another job.

How to draw up a transfer agreement correctly, you can find out more details here:

Additional agreement on the extension of the employment contract

During the period of work, the validity period of the contract expires. The functionality of the document itself depends on the type of transaction, urgent or perpetual. A temporary contract can be issued for a day, month, year, but not exceeding the bar for more than five years.

Permanent is for the entire period of work. At the request of the ward, an open-ended contract can be changed into an urgent one.

There are two extension options labor term: you can dismiss the employee and, on the basis of this, conclude a new agreement or draw up an additional legal act to the contract.

Based on the agreement of the two parties, an extension of the validity period is possible, subject to the provisions of Article 72. If the employer sees that the validity period of the contract is expiring, the ward must be notified of this no earlier than three days in advance.

On the site you can download a sample and see how to compose additional document, to the main convention, correctly:

Standard form of an additional agreement to an employment contract

Based on the above information, we can conclude that a typical sample of filling out an auxiliary document includes:

Name. Depending on the reason for filling out the subsidiary agreement, the name of the document itself will also change.
The introductory part, which indicates the full name of the organization, the data of the head and the ward.
Main text. The conditions for changing the agreement are prescribed, based on the requirements that are enshrined in the Legislation. Based on the amended clauses, the rights and obligations of each of the parties are indicated.
Conclusion. At the end of the legal act, the signature of the interested parties and the date of compilation are put.

For the final version of the document, a second copy is made. It should be noted that in order to replace the director, contact details of the head or employee, it is not necessary to draw up a supporting document to the contract.

To change a position on a staff, you need to follow a certain procedure. Deviation from it threatens with serious legal consequences. Consider in what sequence to make adjustments and what documents you need to download.

In the article

How to rename positions: procedure

First of all, it is necessary to determine the procedure for changing the name of positions on the staff. Employees are accepted for the specified staffing salary positions. Unlike other local regulations, the staff does not apply official duties, so there is no need to familiarize employees with it against receipt.

The organization has the right to apply the unified form No. T-3 or develop a document form on its own. Regardless of the form, the title of positions, structural units should be included in the content of the document.

Attention! The discrepancy between the title of the position in the staff list, in the employment contract concluded with the employee, is regarded as a violation of Article 57 of the Labor Code of the Russian Federation. This may entail administrative liability (5.27 of the Code of Administrative Offenses of the Russian Federation).

The change of position in the staffing table is carried out in compliance with certain features. The order of the procedure directly depends on the legal qualification of the situation. Sometimes it is worth following the procedure for reducing a position on a staff. Choosing the wrong option will result in a violation of applicable labor laws.

how to make changes to staffing

From the article you will learn how often you can make changes, in what sequence, what to do if the changes are massive, what documents to be issued along with making changes to the staff.

Changing the name of the position in the staffing table

Renaming a position in the staffing table: the procedure depends on the basis on which this was required, the reasons may be different, these include:

correction of technical errors or inconsistency of the name, which is indicated in the employment contract with the employee;
change only the name of the position without making changes in the content of the essence of the work performed;
change of name by decision of the company's management in connection with the substantive and / or organizational transformations that are carried out in the unit, and so on.

In order to make the right adjustments, it is necessary to determine the legal qualification of the relevant changes in terms of the impact on the legal relationship with the employee, for this you need to determine what situation is taking place:

No legal meaning for labor relations For example, the position is vacant.
It is necessary to change the terms of the current employment contract without making adjustments to the labor function.
Provide translation.

Making changes to the staffing table is within the authority of the employer (letter of Rostrud dated March 22, 2012 No. 428-6-1). In the first variant, this is implemented in its pure form. In other options, changing the position in the staffing table, the procedure includes issuing orders for personnel, preparing and processing a number of documents. Next, we will consider the procedure for making changes, the options for the employer's actions in each specific situation.

★ The expert of "System Kadra" will tell you how to indicate the names of positions and professions when compiling the staffing table

From the article you will learn how to enter the name of the position on the staff, how to determine the name of the position, what documents to use for this.

How to enter a new position in the staffing table

Let's consider how to introduce a new position in the staff list or change the name, what documents to prepare for this, whether it is necessary to indicate the position code, the corresponding abbreviations. It should be noted that the traditional procedure applies in both cases:

prepare a draft order on amendments, a new edition of the staff;
approve the project from the head;
issue an order for the project with signing and registration.

It is enough to approve a new edition of the staff only when the position being changed is vacant or its name is brought into line with the concluded employment contract. In other cases, the list of actions is expanded or changed.

★ An expert from the Kadrovoe Delo magazine will tell you

From the article you will learn when an employer should name positions according to the professional standard. What is considered a restriction associated with the title of the position. How to rename a position without the consent of the employee.

How to add a position to the staff list

The introduction of a new position in the staffing table consists of organizational measures and documentation:

determine the need to add a staff unit;
collect statistics on the workload per specialist;
based on labor costs, adjust the standards for the functions performed;
draw up a memorandum addressed to the head and enter in it justifications that allow you to enter a staff unit in the staffing table;
Attach a draft job description to the note.

The leader issues an order. The staffing table is being adjusted. If the changes are massive, it is rational to prepare and approve new stock. The document comes into force from the date specified in the order on its approval.

Order to amend the staffing table. Introduction of a new position

What to do if you need to change the position: procedure

Consider whether it is possible to rename a position in the staff list without changing the duties of an employee. Such an option is possible. It should be borne in mind that in this case they conclude an additional agreement to a previously executed labor contract (Article 72 of the Labor Code of the Russian Federation). Taking into account paragraph one of Article 74 of the Labor Code of the Russian Federation, the employer has the right to unilaterally make the appropriate changes by sending a written notice to the employee two months before the changes are made. The necessary entry is made in the work book of the employee with reference to the order. But in this order, changes are made only if the labor function remains the same.

What documents to issue if not only the name of the position changes, but also labor duties

To do this, you need to carry out the following procedure:

add a position with a different name to the staff;
conclude an additional agreement with the employee to the employment contract on transfer to a new position. This can only be done with the consent of the employee;
make the necessary entry in the work book;
exclude the former position from the staff list.

It must be borne in mind that a position cannot be excluded from the staff until it is occupied. When changing labor functions with a change in the name of the position, a transfer is carried out. The former staff unit is excluded.

From the article you will learn how to enter all the information without errors. Whether it is necessary to indicate the positions of temporary or seasonal employees in the staffing table. Is it mandatory to include home workers in the staff of the organization and the staffing table.

The procedure for renaming a position in the staffing table depends on the basis on which it was required, the reasons may be different. For example, in order to change the title of a position, the terms of the employment contract are adjusted by agreement of the parties or taking into account Article 74 of the Labor Code of the Russian Federation. When changing the labor function, a transfer to a new position is made with the exclusion of the previous one and the inclusion of a new name in the staff.

An additional agreement to an employment contract is a document with the help of which amendments or changes are made to an existing contract. Read about how to draft and issue it, download a sample document

From this article you will learn:

In what cases is an additional agreement to an employment contract made?

An additional agreement to an employment contract is a document with the help of which amendments are made to an existing contract. Its text describes only the changes made, without duplicating information that has remained unchanged.

The need for an additional agreement to an employment contract may arise when:

change of location of the employer,
job change,
increase, decrease in wages,
changing the mode of operation, etc.

Theme of the issue

Also read about how to safely pay for work on holidays and weekends, how to behave during a GIT check, and what conditions you need to urgently remove from the employment contracts of your employees.

Responsibility for violation or non-performance of an additional agreement

In case of non-compliance with the procedure for drawing up an additional agreement to the contract or the inclusion of illegal provisions in it, the administrative responsibility of the employer or official occurs in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. For an individual entrepreneur responsibility cannot be avoided either.

If a repeated fact of violation is established, the official may be disqualified for up to 3 years.

Where the additional agreement is fixed, the conditions and period of its storage

Every employer is required to keep a record book. It records not only all labor contracts issued by a particular legal entity, but also additional agreements to them. Fixing is done in chronological order.

After signing, the document is transferred to the personnel department, where it is stored in a folder with the rest of the company's contracts with personnel. After the dismissal of the employee, the documents are transferred to the archive of the company, when the organization is closed - to the state archive.

The term of storage of agreements is the same as the main agreements. If the document was published before 2003, then 75 years, if after, then 50 years.

Any change in the working conditions agreed in advance in the employment contract, including the change of position, is drawn up in the same manner in which the employment contract was concluded: in writing, certified by the signatures of the employee and employer. The name of the document fixing the change in conditions is not regulated by law: as a rule, either an amendment to the employment contract or an additional agreement to the employment contract on changing positions is signed, a sample of which will be presented in the appendix to this material.

What is job change

A change in position is a transfer to another position, which entails a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works, while the company in which the employee works does not change (Article 72.1 of the Labor Code of the Russian Federation) .

There are three types of transfers:

permanent or temporary change in the functionality of an employee (work by position, profession or specialty, or a specific assigned job);
change in the structural unit (if it was indicated in the employee's employment contract, for example, transfer to a branch or another department);
transfer together with the company to work in another area (in another settlement).

How to draw up an additional agreement to an employment contract

The initiative to amend the employment contract in terms of changing the position can be made by both the company and the employee himself - orally or in writing. In writing, as a rule, statements are written - indicating the change being made, the reasons (justification), the nature of the change and the estimated time frame. So, for example, an employee may declare the need to transfer him to a higher position or a position with other functionality. If an application is submitted, it is advisable to register it, assign the number of the incoming document.

After negotiations and agreement on the introduced condition, an additional agreement is prepared for the employment contract. If the employer did not agree on the condition, and the employee submitted a written application, it is recommended that the answer be also recorded in writing. This may be a resolution on the application or a separate letter of response.
The period for making changes to the contract is not limited - it is possible during the entire term of the employment contract.

When an additional agreement is concluded to an employment contract, it becomes an integral part of the employment contract that it has changed. Changing the terms of this document will be possible in the same manner - by signing a new additional agreement.

What documents need to be issued in addition to the additional agreement on the change of position

The fact of a change in the position of an employee is recorded by an appropriate transfer order. You can use the unified

Read also