The main document regulating relations between the administration of an economic entity and the employee hired by it is the contract that they conclude with each other. usually takes place on long time, as a result of which some conditions of the contract drawn up with him must be changed. For these purposes, you can use an additional agreement to employment contract.
It includes both conditions that must be contained in it, as well as clauses regulating additional issues of relations between the employer and his employees.
The former are established by law and without them, the contract may be called invalid. This includes the place of work, the duration of the contract, wages, etc.
The latter are included in the agreement being drawn up on a voluntary basis. These may include items on probationary period, trade secret, additional holidays, social and living conditions of the employee.
The Labor Code of the Russian Federation establishes what is allowed both under mandatory conditions and others reflected in this document.
In practice, the issues reflected in the employment contract most often change on:
- The term of the employment contract.
- The working conditions of the employee. This also includes the transfer to another position, for the execution of which it is necessary to issue an additional agreement to the employment contract on the transfer.
- Combination of professions.
- Termination of the contract.
Attention! All changes can be formalized either by a new employment contract, or by entering into an additional agreement to the employment contract. The main condition for making changes to the contract with the employee is that all of them must be agreed with him and carried out on a voluntary basis with his consent.
The procedure for issuing an additional agreement
Change the terms of the employment contract easier way only formalize by drawing up an additional agreement to it.
Supplementary agreement to an employment contract may be initiated by the employee, the administration of the enterprise, or be the result of a mutual decision of the parties to the employment contract.
If an employee of the organization asks for changes, he needs to write a statement addressed to the company's management with a request to revise the terms of the employment agreement specified by him.
Changes in the terms of the contract with the employee, made at the initiative of the administration, occur on the basis of an official or memorandum in which the responsible person informs the director of such a need.
In addition, changes to the contract may be required due to certain events occurring in the enterprise. This may include a change in the owner of the company, the address of the location of the company, etc.
Once the parties are notified of the renegotiation of the terms of the contract, it is necessary to discuss and reach an agreement on the terms of the contract, which will be revised.
Decisions made must be in the form of a document drawn up in writing. Basically, its development is carried out by the personnel service of the enterprise. In this case, other specialists of the firm may be involved - lawyers, economists, etc.
The drafted agreement must be read by each party, and signed by them in case of agreement with the changes being made. On behalf of the company, only the head of the company can sign this document.
The organization may keep a log to record the drafted additional agreements.
An additional agreement to an employment contract is very similar in structure to the contract itself. It also uses a preamble, and the full details of the parties must be filled in. The document itself may have an independent number and its date must be affixed. But in it it is necessary to make a reference to the main labor contract.
Important! The agreement is drawn up in at least two copies for each party. At the same time, the document must contain a receipt from the employee confirming that he received his copy.
How to approve an additional agreement
Labor legislation in the provisions that govern the execution of additional agreements does not contain an indication that this document must be approved or put into effect in any special way.
The employer and employee approve the agreement by affixing signatures and seals (if any) on each copy of the document. Thus, they agree to the conditions specified in it. If one of the parties refuses to sign the agreement, then it cannot be put into effect unilaterally.
In addition, in some organizations, the personnel department, at the direction of the head of the company, may issue an order to approve changes that introduce additional agreements into concluded contracts. Usually they are needed in order to issue instructions for execution. necessary action after the completion of all agreements.
Attention! However, it must be understood that the supplementary agreement comes into effect from the moment it is signed by the parties, or from the date indicated therein, regardless of the publication of any internal documents approving it.
Sample Additional Agreement
Download in Word format.
What should the agreement contain?
Conventionally, the supplementary agreement can be divided into three parts: the preamble, the text part and the final provisions. At the same time, any number of conditions affecting the specific contract to which the document is drawn up can be included in the text part.
The preamble is the introductory part of the agreement. It contains briefly and precisely expressed conditions under which it is concluded. It is here that the legal grounds for which the terms of the main contract are changed are specifically prescribed.
The preamble should include:
- Place and date of execution of the agreement;
- Full name parties;
- Their positions.
The agreement must specify exactly as many parties as there are in the contract. This is very important, because otherwise the agreement will be invalidated, and the changes made will simply be illegal.
In the same part of the document, the date from which the agreement begins to operate is indicated - as a rule, this is the date the document was issued.
Finally, the preamble should include:
- Legislative act on the basis of which changes are made;
- Information about the concluded main labor contract.
The next part of the agreement is the body text. It must indicate all those provisions and points that this agreement changes. These conditions must be reached through negotiations between the parties.
All changes that can be made to the employment contract are divided into two groups:
- Changing the terms of the contract;
- Addition of the terms of the contract.
Any number of such clauses in the agreement can be indicated, the main thing is that the changes made are described in as much detail as possible.
In the event that it is necessary to exclude any clause or phrase from the contract, it is necessary to indicate as precisely as possible:
- The number of the clause of the original contract where changes are made;
- The phrase to be excluded, or to which the given text is to be replaced.
If there is a replacement of any numbers - one for another, then it is also necessary to indicate as fully as possible where the old ones are, give both them and the new values. At the same time, only the Arabic script is used to express them.
The final part of the agreement must include the details of each of the parties:
- For a company - full name, TIN, KPP, OGRN codes, location address, bank details;
- For an employee - full name, information about the document confirming the identity, address of residence.
Attention! In addition to signatures and seals, a prerequisite is the presence in this part of the document of a reference to the existence of a second copy of the agreement and confirmation of its receipt by the employee in his hands.
As you know, everything in the world is changing, including in the manufacturing sector. Once signed upon acceptance, subsequently quite often it is necessary to supplement it with new or amended provisions.
This is done by signing an additional agreement. In most cases, this is required by law. Labor Code. To avoid negative consequences both for the organization (on the part of the state labor inspectorate) and for the employee (in the case of issues resolved in court), this must be done correctly.
What it is?
An additional agreement is a document drawn up in writing by the same parties as the original agreement, in order to record the changes that have taken place. Both the employment contract and its additions are agreements, that is, their signing requires the agreed will of the parties (mutual consent). This is established by Art. 72 of the Labor Code of the Russian Federation.
The supplementary agreement is part of the contract itself, and the same requirements are established for its drafting and execution.
The employment contract itself is signed in two identical copies, signed by the representative (head) of the organization and the new employee (each of them has their own copy).
To certify the receipt of the contract, the employee leaves his signature on the document of the employer. This procedure is established by part 1 of Art. 67 of the Labor Code of the Russian Federation. A similar procedure is carried out when changing some of the terms of the contract.
In what cases is it needed?
The Labor Code speaks of the need to fix by an additional agreement not all, without exception, the conditions associated with work, but only essential and which were specified in the original contract and in subsequent additions to it.
At the same time, a change in one condition may entail changes in several clauses of the contract. For example, a transfer (to another place or position) may entail a change in pay, work schedule, and other things.
Written fixation of changes is necessary:
- When transferring an employee.
- In case of change established by the agreement working conditions.
- When reorganizing / changing the owner of the organization.
When transferring within the company, the basis will be the statement of the employee, signed by the head. The transfer can be either temporary or permanent. At the same time, if necessary, changes are made to the agreement regarding the position (specialty) or division of the organization, mode of operation, schedule, remuneration.
It is not required to issue an additional agreement:
- Transfer for up to 1 month without the consent of the employee, used by the employer in cases specified in Art. 72.2 of the Labor Code of the Russian Federation.
- Work related to moving to another facility, if this was stipulated in the contract upon acceptance.
When changing working conditions, it is always necessary to achieve the consent of the parties to such a change. In most cases, the initiative here comes from the employer. Such changes are possible only in certain cases: for example, working conditions cannot remain the same because there have been organizational or technological changes, reorganization of production, etc.
In addition, changes to the conditions are:
- Reduction of staff or positions.
- Changes in wages (both increases and decreases, as well as changes in salary increments or rates).
- Change of mode of work or nature of work.
According to Art. 74 of the Labor Code of the Russian Federation, the organization is obliged to warn employees about upcoming changes not later than 2 months.
You can learn more about this documentation from the following video:
Approval and clearance
According to Art. 67 of the Labor Code of the Russian Federation, a change in an employment contract is carried out by signing an additional agreement in the same form as the original contract.
Regardless of the reason that led to the conclusion of this document, the rules for its execution are the same:
- written form;
- the content of copies is identical;
- from the employer, the agreement is signed by the manager or other authorized person, certifies the agreement with a seal, the employee signs personally.
- each party has its own copy;
- the employee puts a mark on the copy of the employer that he has received his copy.
The order of registration consists of the following steps:
- Providing the employee with a notice of upcoming changes in working conditions.
- Signing a personal statement (on a transfer or other change, if the initiative comes from an employee).
- Drawing up the text of the agreement in accordance with the norms of the Labor Code.
- Document signing.
You should be aware that the new agreement does not require additional approvals and approvals. The main thing is the observance of the prior notification procedure, the presence of the agreed will of the parties and the compliance of the content with labor legislation.
Provisions that reduce a worker's rights beyond those established by law are not valid, even if the agreement was signed by the worker. In this case, the document may be recognized as not concluded, and the employer will incur an appropriate administrative penalty.
When drawing up the paper in question, it is necessary to follow several rules related to both the norms of office work in general and labor legislation.
This document must include:
- Preambles. The classical preamble descriptively includes a listing of the parties - the employer (with a specific indication of the name, the one who acts on behalf of the organization) and the employee (full name, passport details or other identifying information about the individual).
This is followed by the number and date of the original contract and a statement of the fact of the conclusion of the agreement ("have entered into this agreement as follows"). The reference to the reason may be indicated both in the preamble and in the subsequent text. - text part. The text itself sets out the specific changes in order (with an indication of the article or paragraph/subparagraph in which they are made). If new provisions are added, then the numbering of the contract is extended (for example, “Supplement the employment contract with paragraph 21 of the following content ...”). When excluding a number of provisions, they also indicate the specific point from which words or sentences are removed.
In the event of significant changes affecting most text of the contract (for example, when changing positions), it makes sense to state it in a new edition, making the inscription “From ____201_g. an employment contract is used with amendments dated _______201_g. - Conclusions. The final provisions must contain a condition on the invariability of the clauses of the main contract not affected by the additions and the date from which the document comes into force.
It should be noted that there is no strictly defined template for an additional agreement, in each case it is necessary to draw up this document individually.
How to number additional agreements?
The obligation to number the agreements concluded is not legally established, however, some employers do this.
It is more logical to indicate in the title of the document to which particular employment contract and from which date this agreement refers (“Additional agreement to the employment contract No. ___ dated _______201_”). In addition, it is necessary to indicate from what date it enters into force, otherwise it will be valid from the date of its signing by the parties.
With repeated changes to the employment contract, it is necessary to correct not the text of the last additional agreement, but the contract itself.
In all organizations, without exception, in order to consolidate the changes associated with labor relations, periodically it is required to make adjustments to contracts with employees. This should be done in a timely manner and as completely as possible, since in this way subsequent conflict situations are minimized.
04.04.2018, 19:30
Norms labor law allow to make amendments to it after the conclusion of the employment agreement. The frequency of changes and their frequency are not regulated by law. The formalization of the procedure is carried out according to the rules applicable to the original contract. It fixes innovations in an additional agreement to an employment contract on a change in position or a change form to the current version of the contract. The document is signed by the head of the enterprise and the hired employee.
Justification of the need to update the employment contract
If a hired specialist is transferred to another full-time position, his job function and job description change. The adjustments do not affect only belonging to the company - the employer remains the same (Article 72.1 of the Labor Code of the Russian Federation). Translations can be implemented in one of the following ways:
- Changing the set of job descriptions for an employee - expanding the list of functions, reducing duties or completely updating them (on a permanent basis or under the terms of temporary substitution).
- Change of the structural department, which is mentioned in the title of the position.
- Transfer of an individual to branches located and registered in another area.
The procedure for issuing an additional agreement
The initiative to introduce into the current agreements between participants in labor relations can come from both the employer and the employee himself. The decision on the need to update or supplement the current version of the contract can be made on the basis of oral appeals or a written statement. If a written format is chosen, then the document indicates the rationale for the need to make adjustments to the contract, the nature of the innovations and the expected date for their entry into force.
When an employee submits an application about his desire to transfer to a position with a different set of functional duties, it is recommended that the document be registered and assigned an incoming number. If both parties agree to take actions that cause a change in working conditions, an additional agreement to the current employment contract is necessarily drawn up. If the employee applied to the head of the enterprise with an initiative affecting working relationships in writing, then the answer must be in writing (reply letter or affixing the director's visa on the application).
There are no legislatively regulated terms for updating the content of an employment contract. You can draw up additional agreements to it throughout the entire period of validity of the document. All executed and signed additional agreements become an integral part of the original contract. The transition of an employee to another full-time position must be supported by the following actions:
- the text of the supplementary agreement to the employment contract is drawn up, the form is signed by all interested parties;
- issuing an order (according to its own template or standard form No. T-5);
- making entries on the transfer in the sheets of the work book;
- updating information by the personnel department about the position held by an individual in a personal card.
All information about the translation and the text of the order must be communicated to the employee who is directly affected by the innovations being implemented. Confirmation that the employee was familiar with the upcoming changes is the handwritten signature of the individual under the text of the order and in the personal card. The rationale for making entries in the sheets of the work book is a signed by the head and registered transfer order. The document must indicate the date of entry into force of innovations (the date of the actual start of execution official duties for other functionality).
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 to 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 project to note job description.
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. AT work book employee make the necessary entry 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.
In what form and in what cases is an additional agreement to an employment contract drawn up? How is it different from a regular agreement? What rules to follow when drawing up an additional transfer agreement? What changes do not require an additional agreement? What is the procedure for making changes to ? In what cases can an employer refuse an employee to conclude an additional agreement?
As you know, an employment contract is concluded only once: when applying for a job. But within labor activity a lot can change: the name of the employee, the address of the employer, the name of the position, the amount of salary, etc. To amend the employment contract, a document such as an additional agreement is provided. But often employers enter into and execute these agreements incorrectly, which in the future can do a disservice. In what cases is it necessary to conclude additional agreements? What are the formatting requirements? What mistakes do employers make? Let's figure it out.
Additional agreement form.
There is no standard form of an additional agreement (hereinafter referred to as the additional agreement), the employer has the right to draw it up arbitrarily. However, certain requirements must still be met. Since the supplementary agreement is an integral part of the employment contract, it must be drawn up by analogy with the form of this contract. An additional agreement is drawn up in writing, in two copies - one for each of the parties.
Let's say a few words about the title of such a document. As practice shows, they call it differently: both “labor agreement” and simply “agreement” ... But the correct name is “additional agreement to the employment contract dated ... No. ...”. Note that there is also such a form as an “agreement”, however, this document is not an additional agreement to the employment contract and does not change its terms, but is a separate agreement between the employer and the employee, for example, on the fulfillment by the latter additional work in accordance with Art. 60.2 of the Labor Code of the Russian Federation. Such work is outside the scope of the employment contract and is not related to the work performed under it.
Note:
The agreement on the performance of work in the order of combining professions or positions indicates the amount of work performed, the term for its completion and the amount of additional payment for the performance of additional duties.
In the "header" of the additional agreement, the date and place of its conclusion are also written. Next comes the preamble. It reflects who are the parties to the agreement, and indicates the document on the basis of which the authorized person of the employer acts.
Then follows the text of the additional agreement itself, containing a new version of the clause of the employment contract or an addition to it. It is also noted from what date these changes take effect.
The additional agreement ends with the signatures of the parties. And here Special attention Please note that an authorized person of the employer must sign the supplementary agreement. Moreover, he must have the authority not only to sign labor contracts and agreements to them, but also to perform certain actions. For example, in order to conclude an additional agreement on the early termination of an employment contract, there must be a right to employees.
As for the details of the parties, many indicate them. Of course, this is not a mistake, but we believe that if the details have not changed, it is not necessary to indicate them in the additional agreement, since they are already in the employment contract.
And finally, the additional agreement should provide for a line for the employee's signature, confirming that he received his copy.
When is the agreement concluded?
It is first of all necessary to conclude an additional agreement when, by virtue of Art. 57 of the Labor Code of the Russian Federation, when concluding an employment contract, it did not include any of the conditions provided for in part 2 of this article.
Note:
The absence of a test clause in the employment contract means that the employee is hired without a test. In the case when a newcomer is actually admitted to work without drawing up an employment contract, a test condition can be included in the contract only if the parties have drawn it up in the form of a separate agreement before starting work (Article 70 of the Labor Code of the Russian Federation). That is, if at the conclusion of the employment contract the test condition was not included, it cannot be established by concluding an additional agreement after signing the contract.
In the future, additional agreements are concluded when the essential conditions labor contract. What does this refer to:
transfer to another position;
other size wages;
renaming a position or structural unit;
new mode work and leisure;
establishment of guarantees and compensations;
term change fixed-term contract;
new duties, if they were specified in the employment contract; and etc.
In addition, an agreement is concluded when new additional terms, for example, about working conditions at the workplace based on the results of its certification or special assessment. Conditions may or may not be excluded. In particular, when, according to the results of a special assessment, an employee who was previously given guarantees and compensations in connection with harmful or dangerous working conditions, such guarantees are no longer relied upon due to the fact that working conditions at the workplace have become normal.
One of the most common is an additional transfer agreement. AT this case in addition to the position, as a rule, other conditions of the employment contract also change. We give an example of such an agreement on p.
If the transfer is temporary, the agreement should indicate its duration. If the end of the transfer is not known, you will have to conclude another agreement, which provides the employee with the previous place of work.
ADDITIONAL AGREEMENT No. 2
Krasnodar 23.08.2017
GBUZ secondary school No. 10 represented by the director Khloponin M.E., acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and Ivanova Irina Petrovna, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement on the following .
Transfer the Employee from the position of "clerk" on a permanent basis to the position of "HR specialist". In this regard, make the following changes to the employment contract with the Employee:
- in clause 1.1 of the employment contract, replace "clerk" with "HR specialist";
- Clause 1.2 of the employment contract shall be stated as follows: “The employee is set official salary in the amount of 25,000 rubles.
2. Labor duties of the Employee are set out in the job description, with which the Employee is familiarized under the signature before signing this agreement.
3. This agreement comes into force on 24.08.2017.
4. This agreement is made in duplicate, having the same legal effect for each side.
Signatures of the parties:
Employer Employee
Director of GBUZ secondary school No. 10
Khloponin /M. E. Khloponin / Ivanova /I. P. Ivanova/
I received a copy of the additional agreement. 08/23/2017, Ivanova
AT recent times many institutions in the field of education, culture, health and other social spheres switch to an effective contract. This transition is also carried out by concluding an additional agreement. It should indicate:
the reasons why the terms of the employment contract are changed (transition to an effective contract);
labor duties of the employee (if they were not specified or specified in the employment contract);
performance indicators of the employee and criteria for its evaluation;
the procedure for remuneration, including compensation and incentive payments;
provisions on social insurance and other support measures, etc.
New employment contract.
A situation is possible when an employment contract was concluded a very long time ago and there were a lot of additional agreements to be concluded. It is much more convenient when all the conditions are set in one document. Therefore, in such cases it is better to conclude a new employment contract. But since the procedure for renegotiating an employment contract is not provided for by the Labor Code of the Russian Federation, one option remains: to conclude an additional agreement for the presentation of an employment contract in a new edition. Let's give an example.
ADDITIONAL AGREEMENT No. 10
Krasnodar 23.08.2017
State budgetary educational institution "Secondary comprehensive school No. 10" (GBOU secondary school No. 10) represented by director Khloponin M.E., acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and Petrova Maria Ivanovna, hereinafter referred to as the "Employee", on the other hand, agreed to amend the employment contract dated 01/19/2008 No. 3, setting it out in a new edition:
1. GENERAL PROVISIONS
1.1. Under this employment contract, the Employee is accepted to the Employer for the position of manager of the household.
1.2. This employment contract governs labor and directly related relations between the Employee and the Employer.
1.3. Work under this employment contract is the main place of work for the employee.
1.4. Date of commencement of work - 19.01.2008.
8. FINAL PROVISIONS
8.1. This additional agreement is made in duplicate, having the same legal force for each of the parties. New edition The employment contract comes into force on August 24, 2017.
9. DETAILS AND SIGNATURES OF THE PARTIES
Employer: Employee:
GBOU secondary school No. 10 Passport ...
Address: … Registration address: …
Director
Khloponin /M. E. Khloponin / Petrova /M. I. Petrova/
I received a copy of the addendum. 08/23/2017, Petrova
When is an agreement not required?
There is information in the employment contract, when changing which it is not required to conclude additional agreements.
In particular, according to Art. 57 of the Labor Code of the Russian Federation, in terms of information, corrections are made directly to the text of the contract, without drawing up an additional agreement. The information to be included in an employment contract includes:
surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual);
information about the documents proving the identity of the employee and the employer - an individual;
TIN (for employers, except for employers - individuals, which are not individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
Thus, additional agreements are not concluded when changing the address, surname and passport data of the employee, changing the details, legal address of the employer, changing the head. These cases also include the reorganization of the employer, when the legal successor of the reorganized institution automatically becomes the employer. In practice, agreements are often made in such cases, which, of course, is not a mistake, but it is not necessary to do this.
The procedure for amending the employment contract.
An employment contract can be changed:
at the initiative of the employee;
with the consent of the employee and the employer;
at the initiative of the employer.
If the initiator is the employee, he applies to the employer with a statement about changing one or another condition of the employment contract. For example, working hours. The employer, in turn, agrees with such a proposal or not. If he agrees, an additional agreement is concluded.
Note:
There are situations when an employer cannot refuse an employee to change the terms of an employment contract, in particular, when an application with a request to establish a part-time working day (shift) or part-time working week is addressed to:
pregnant woman;
one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18), as well as another person who is raising a child of the specified age without a mother;
a person caring for a sick family member, on the basis of a medical certificate issued in statutory order (part 1 of article 93 of the Labor Code of the Russian Federation, paragraph 3 of paragraph 13 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”).
If the employer is the initiator of the changes, he must first send a notification to the employee. It is not necessary to do this if changes in working conditions are not related to organizational or technological changes in the organization. You can verbally invite the employee to change the terms of the employment contract and, if he agrees, conclude an additional agreement according to the rules of Art. 72 of the Labor Code of the Russian Federation. If, however, such changes cannot be dispensed with and they are caused by changes in the technique and production technology, structural reorganization of production, etc., notification is mandatory. Moreover, the employer is obliged to send it two months before such changes in accordance with Art. 74 of the Labor Code of the Russian Federation.
If the employee agrees to the changes, an additional agreement is concluded with him. If, after two months, he refuses to work in the new conditions, he is fired. In this case, before dismissal, the employer is obliged to offer the employee another vacant position. Here is a sample notification on p.
Thus, as a result, the employee either agrees to the new conditions and signs an additional agreement, or is transferred to a new position, if there is one and he agrees (which is also formalized by an agreement to the employment contract), or is dismissed under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation - in connection with the refusal to continue work in connection with a change in the terms of the employment contract determined by the parties. In this case, the employee is paid a severance pay in the amount of two weeks of average earnings (Article 178 of the Labor Code of the Russian Federation).
Municipal state-financed organization culture "City Museum"
(MBUK "City Museum")
Tour guide
Kiseleva M. N.
Notification No. 1 dated August 14, 2017
on changing the terms of the employment contract determined by the parties
Dear Marina Ivanovna!
Guided by Part 2 of Art. 74 of the Labor Code of the Russian Federation, we bring to your attention that on the basis of the order of the Department of Culture on 08/10/2017, there was a change in the owner of the property and the Local Lore Museum was reorganized into the City Museum.
In this regard, we notify you of a change in the terms of the employment contract dated 15.01.2014 No. 8, determined by the parties, caused by the above organizational changes.
We offer you to sign an additional agreement to the specified employment contract and from 10/15/2017 continue to work in the previous position of a guide without changing the labor function in the City Museum on the following terms of remuneration:
- official salary - 20,000 (twenty thousand) rubles;
- a bonus calculated on the basis of the summed up results of the implementation of the work plan for the past quarter, in accordance with the Regulations on bonuses.
You need to express your consent or disagreement to continue working under the new conditions in this notice before 08/16/2017. In accordance with Art. 74 of the Labor Code of the Russian Federation in case of refusal to continue working in the new conditions, you will be offered another job, but subject to the availability of vacancies in the staff list.
In the absence of vacancies or refusal of the proposed work, the employment contract with you will be terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (in connection with the refusal to continue work due to a change in the terms of the employment contract determined by the parties) after two months from the date of familiarization with this notice, with the payment of a severance pay in the amount of two weeks of average earnings.
Director Mamonov /Mamonov D.A./
I am familiar with the changes in the terms of the employment contract, one copy
notifications received:
08/14/2017, Kiseleva M. N.
I agree to continue working under the new conditions.
08/15/2017, Kiseleva M. N. / Kiseleva M. N. /
In conclusion, we note once again that the additional agreement to the employment contract is the same important document like the contract itself. Therefore, it must be correctly executed, in particular, in writing, in two copies and signed by authorized persons. Otherwise, the agreement will not be legally binding.
We emphasize: the employer must have confirmation that the employee received the second copy of the agreement. And of course, changes to the employment contract established by additional agreements should not contradict the norms of labor legislation.
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