Additional agreement to the employment contract

AGREEMENT TO CHANGE THE CONDITIONS OF THE EMPLOYMENT CONTRACT

___.___.20__ №_____
________________________________________, hereinafter referred to as the Employer, represented by ______________________________________________________________________________, on the one hand, and __________________________________________________________, hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the Parties, have signed this Agreement on changing the terms of the Labor Agreement from __.__._____ Agreement dated ___.___._____ No. _______________:

1. Clause ______ of the Employment Agreement should be stated as follows:

«_________________________________________________________».

2. Clause _______ shall be considered repealed from __.__.____.

3. Add paragraph _____ to the employment contract: “__________________________________________________________”.

This Agreement on changing the terms of the employment contract is drawn up in two identical copies, one for each of the parties and is an integral part of the employment contract.

Signatures of the parties

Employer Employee

_________________ _______________

A copy of the agreement was received by _____________________ (full name of the employee)

Download the document “Sample agreement to amend an employment contract”

Technical rules for making changes

In the process of complying with an employment contract, changes can be made to its original version more than once, therefore, each approval must have its own serial number.

Adding or deleting words or phrases

All amendments made to the main text must be presented strictly sequentially in accordance with the order in which they are stated in the main contract.
Corrections can contain words, entire sentences, semantic structural parts of paragraphs, and can also be written by excluding them. It is necessary to clearly indicate which specific element is subject to editing.

In this case, the fragment of text with the changes made is enclosed in quotation marks.

Correction of each paragraph must be carried out independently, however, in a comprehensive manner throughout the entire text of the document, it is permissible to replace terms and words that are repeatedly used in various cases, declensions, singular or plural.

In situations where approval is issued only for the addition of new clauses and provisions, a new edition of the structural element is required. This is relevant if:

the list of amendments made is at least 50% of the entire text;
Amendments had already been made previously, which made it difficult to apply the old version of the agreement.

Replacing numbers

All numbers of clauses, sections, and chapters of the contract are indicated by numbers, but references to them in the additional agreement are written in words. Additions are also made by indicating old and including new digital parameters that have undergone adjustments.

If digital replacement is needed, it would be more correct to use the word “digits” rather than, for example, “date”, “date”, “year”.

Why are additional agreements needed and what changes can they make?

The Labor Code of the Russian Federation enshrines the concept of “re-conclusion of an employment contract”.
From this we can conclude: the parties draw up and sign it only once - during the employee’s employment. To correct the information specified in the contract, it is necessary to use an additional agreement. This document performs the following functions:

Fixes new agreements between the employee and the employer.
Indicates what should be considered invalid in an employment contract.
Changes the terms contained in the original contract.

All terms of the contract between the parties to the labor relationship, in accordance with Art. 57 Labor Code of Russia, are divided into two types:

mandatory;
additional.

Required conditions:

the amount of the salary and the frequency of its payment;
place of work;
work and rest schedule;
labor function;
the duration of the contract, if it was concluded for a limited period of time;
the date from which the employee is required to return to work;
social insurance;
working conditions;
compensation due to the employee (for example, for working in hazardous conditions).

Additional terms:

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probationary period and its duration;
additional insurance;
the obligation of the worker after training to work for the employer for an agreed period of time;
obligation not to disclose secrets (for example, state or commercial);
improving the employee's living conditions.

More details on this issue can be found in the article “Mandatory and additional conditions of the employment contract.” It is important to understand that no condition is unshakable. With the help of an additional agreement, it is possible to change anything within the limits permitted by law (for example, a probationary period cannot be set for more than 3 months or salary payments less than twice a month).

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In what cases is an additional agreement drawn up?

The general text of the employment contract, including all additional agreements (which are its integral parts), must comply with the requirements of Article 57 of the Labor Code of the Russian Federation, which regulates the mandatory points of its content. Changes made may be justified by the following circumstances and articles of the Labor Code.

Non-compliance with legislation

If, during the initial conclusion of the employment contract, errors were made, expressed in incomplete compliance of the text with Article 57 of the Labor Code, or legal norms have changed over time, then all personnel documentation must be brought in accordance with current conditions.

Changing work hours at the initiative of an employee

Another reason for concluding additional agreements – change in the nature of employment. For example, for family reasons (to care for small children), an employee expressed a desire to switch to part-time work, and the management of the enterprise decided to accommodate her. This agreement is legally justified by Article 93 of the Labor Code of the Russian Federation, which allows part-time employment under such circumstances.

Extension of a fixed-term contract

In principle, in this case, an additional agreement can be dispensed with. If an employee hired temporarily is not notified by the enterprise administration of dismissal within the time limits established by law, then his employment automatically becomes permanent. Another option: the employee was hired under a fixed-term contract, but management liked his work so much that they decided to “hire him for good,” or simply extend the TD for another period. Various other situations are also possible: for example, an employee who was expected back from maternity leave decided to stay at home for now. Therefore, the temporary replacement should be retained for now.

Despite the “automatic” nature of the procedure for transferring a fixed-term TD to an open-ended one, usually the change in relations is still formalized, for which an additional document is drawn up. agreement to extend the employment contract, signed by both parties. From the legal side, this action is more correct. It becomes clear that the employee was left in his place not because of forgetfulness, but the decision about this was made consciously.

The problem of extending the term of a temporary employment contract can be solved in various ways, including through dismissal and the parties signing a new document, but concluding an additional agreement is technically much simpler.

Early termination of a current employment contract

Of course, in this case we can only talk about urgent TD. Objectively, in practice, situations quite often arise in which such a decision is justified.

For example, to carry out some work, a contractor was hired who turned out to be so efficient that he was able to do everything that was required of him earlier. He still has orders, but he cannot accept them because he is bound by contractual obligations. The temporary employee goes to the director and asks to let him go. The manager does not object, rewards the employee, and they enter into an additional agreement. an agreement allowing the TD to be terminated early.

Another possible case: the founders hired a business leader, but soon realized that they had made a mistake. They offer their employee a dilemma between dismissal for a “bad” article and the conclusion of an additional contract. agreement canceling the current TD. Usually (with few exceptions) the employee who is at fault does not object.

Transfer to another job

The action is also carried out on the basis of Article 57 of the Labor Code of the Russian Federation. The circumstances that prompt the transfer of employees to other positions or change their place of work (geographically) vary, and if mutual agreement is reached, problems should not arise. It should, however, be remembered that in each individual case a reference to the legal norm (article of the Labor Code of the Russian Federation) is required (mandatory) indicating it in the additional. agreement:

When transferred to another location - Article 72.1;
In case of temporary transfer to another job - Article 72.2;
When transferring for medical reasons - Article 73.

Reorganization or change of jurisdiction

Compilation of additional agreements in this case are carried out under Article 75 of the Labor Code of the Russian Federation and, as a rule, are of a formal nature. Example: from the moment the document comes into force, the employee works not for Transmash LLC, but for Mashtrans CJSC. At the same time, nothing else changes for him.

Changing personal data

Most often, such an additional agreement is concluded after the marriage of the employees, but there are other circumstances. New data is duplicated in the personal card and work book.

Combining two or more positions

Assigning separately paid additional duties to an employee is reflected in the additional. agreement in accordance with Article 60.2 of the Labor Code, if he, of course, agrees to this. For short-term part-time work (up to a month), an order for the enterprise is sufficient.

Increase in pay

The amount of payment is a mandatory requirement for filling out an employment contract. If it increases, an additional agreement is needed. There have probably never been cases of workers refusing such a change in history.

Sample documents and recommendations for filling out

Additional contract or agreement
In what cases is an additional agreement drawn up?
Non-compliance with legislation
Changing work hours at the initiative of an employee
Extension of a fixed-term contract
Early termination of a current employment contract
Transfer to another job
Reorganization or change of jurisdiction
Changing personal data
Combining two or more positions
Increase in pay
When it is not necessary to enter into an additional agreement
How to compose a document
What else you need to know about the additional employment agreement

The relationship between an employee and the owner or manager of an enterprise is regulated by the main internal document - an employment contract. No changes can be made to it without the consent of both parties. What should you do if suddenly circumstances develop such that some previously prescribed conditions are no longer relevant? In this case, of course, you can conclude a new employment contract, but it is much easier to draw up an additional agreement. The article is devoted to the legal aspects and rules for drawing up this document.

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

Add. the agreement to the employment contract (on changing the terms of the employment contract) is drawn up in the same manner as the employment contract and only if there is mutual consent of the applicant (Article 72 of the Labor Code of the Russian Federation). And, as already mentioned, there should be no direct confrontations with existing labor law standards.

The initiator of this document can be either the hiring party or the employee himself . Moreover, if the manager at one point decided to make some changes to the rules of relations with persons already working for him, then he must notify them no later than two months before the planned innovations . For example, this is an addition to an employment contract about changing working hours, working conditions, salary, and nature of work.

The form of the additional agreement to the employment contract can be arbitrary . thing is important - everything that is reflected in it should not contradict the current legislation of the Russian Federation .

How to register additional agreements to an employment contract?

The paper is drawn up in two copies , signed by both parties and must be registered in the journal. That’s what it’s called - a journal of additional agreements to employment contracts

Is it possible to apply retroactively?

Maybe, although this is extremely undesirable . If a) it’s legal, b) the employee won’t object to it, then why not.

For example, the nature of the work changed, which the director and worker agreed upon orally, and after a while decided to put it in writing.

However, any changes made by the employer without prior discussion with the employee, the latter may refuse to sign . As well as fulfill the additional duties assigned to him, prescribed by the new version of the agreement.

For example: someone was looking for a job, he was offered a vacancy, the interview suited both parties. The applicant was offered training; nothing was said .

He passed it and was accepted for the position, but the problem was that it turned out that the training was paid and the successful candidate would have to open his wallet. So, from the point of view of the law, there is no need to pay anything, much less sign. Such an agreement is illegal .