Notification of changes in the terms of the employment contract: sample

The Labor Code of the Russian Federation allows for amendments to the employment contract concluded between the employer and the hired employee. When carrying out this procedure, you must be guided by the norms of the chapter of the Labor Code of the Russian Federation. If we are talking about changes in organizational or technological working conditions, the employer is obliged to notify the staff in writing.

A notice of changes in the essential terms of an employment contract (a sample form can be found below) is a document with which the employer informs employees about upcoming innovations. It is often compiled by HR specialists. The unified form of notification has not been approved, so organizations draw it up in free form. In this case, you must adhere to certain design requirements, which will be discussed below.

In what cases is it compiled?

It is the right of the employer to make changes to employment contracts in accordance with Art. 74 of the Labor Code, but in compliance with all organizational measures that entail these changes. The basis for drawing up a notification is:

• changes in the technological production process in the organization;
• activities related to staff reduction or optimization.

At the same time, the employee’s labor functions are preserved. Changes initiated by the employer require compliance with documentary and organizational procedures.

Changes to the employment contract can also occur at the initiative of the employee, for example, if he wants to move to another position or change his work schedule. In this case, a written application from the citizen addressed to the head of the organization will be required.

If the employer does not object, then the notification will become only a formality that is required to be observed by law.

Procedure for notifying employees

All employees whose essential working conditions are subject to changes must be notified in writing. Labor legislation establishes minimum terms:

• no later than two months before innovations for a legal entity;
• no later than 14 calendar days for individuals;
• no later than 7 calendar days for religious organizations.

The notification can be in the form of a written notice or an order for the organization, which is presented to employees against signature. The document necessarily reflects the reason and nature of the upcoming changes. It is still recommended to use separate notices to avoid labor disputes.

A two-month period is given to the employee so that he either agrees to the proposed new conditions or has the opportunity to find another job.

What is correct about change or about change?

in addition to Question No. 273009. Now I ask you to answer the question using a specific example from our legislation, I will immediately make a reservation that your answer will not be regarded as an interpretation of the law, but simply from the point of view of constructing phrases according to the rules of the Russian language: Question: “introducing changes to the plan - the schedule is carried out no later than 10 calendar days before the day the notice is posted on the website.” How to understand this period? The starting point is making changes, and the final point is posting a notice and there are 10 days between them. The question arises “no later than” in this context it is no less than 10 days or no more than 10 days.

• when introducing a new position or a new structural unit;
• when their name changes;
• when the salary or tariff rate changes;
• when eliminating vacant positions and departments;
• when reducing staff or numbers.

Document preparation - sample

The legislation does not establish a strict form of notification, but requires that it be in writing. The employer can independently develop the document, but in compliance with the required details. The document must contain:

• information about the reasons for the changes;
• the nature of the upcoming changes;
• date of drawing up the document (from this moment the countdown will begin, after which the changes will come into force).

It is advisable to indicate in the notice the period given to the employee to make a decision about working under the new conditions.

The notice must contain:

• name of the document (notification);
• from whom and to whom the document is sent;
• date and number;
• the cause and nature of the changes;
• the date from which the changes will take effect;
• signature of the responsible person.

The employee may be offered a different job if he refuses the proposed changes. Any vacant position in the organization is required to be considered. The text of the notice also specifies the option of dismissal if the employee is not ready to continue working under the new conditions, or is not satisfied with the available vacancies.

Form of notification of changes in the terms of the employment contract: example 1 and example 2

Samples of notifications about changes in the terms of an employment contract:

Regarding notification, the Labor Code does not insist on issuing a document against the employee’s signature, but practice shows that this is how the employer can prove that he notified the employee on time. Therefore, it is drawn up in two copies, one of which, signed by the citizen, is kept in the personnel department, and the second is in his hands.

If the employee refuses to put his signature on the notice, the employer can draw up a corresponding act, which will become evidence in the event of labor disputes.

Procedure for document execution

Please note that there is no strict form of notification of changes in the conditions determined by the parties. That is, the paper is drawn up in any form, the necessary data, links to regulations according to which the reformatting takes place, and other general information are entered into it.

What should the notice contain?

The document includes:

1. Full name and position of the employee to whom the appeal is being made. It must be personal, that is, if the reorganization concerns 100 people, then their full names must be entered in each.
2. The reason why changes are being made. There is no need to describe the reason in detail; it is enough to indicate the number of the act or order and its name.
3. Date of introduction of the new work regulations.
4. What exactly will be changed (daily routine, place of work, wages, etc.).
5. Offer for a vacant position similar to the existing job, if available.
6. A warning that in case of disagreement the employment contract is terminated.
7. Full name of the manager, date of compilation.
8. Space for the employee to sign upon receipt of the notice.

Sample form

You can use this link to fill out the form. Remember that there is no set form, so it does not have to be printed on company paper. Print out the forms on a regular A4 sheet in two copies, and then distribute them to employees against signature. One copy remains with them, the second is transferred to the personnel department . If the worker refuses to accept and sign the paper, a corresponding act is drawn up and signed by two witnesses to the incident.

What does the completed document look like?

The classic notification form looks like this:

Classic notification form

Employee's response to notice

Expert opinion

Ilyin Ivan Pavlovich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Recognized legal expert.

A decision regarding upcoming changes can be developed by the employer and used in its document flow. This template can be recommended to the employee who will draw up the corresponding application.

There may be several solutions:

1. Agreement to continue working under new conditions.

An additional agreement to the employment contract is drawn up, which specifies new parameters. The personnel service issues an order, which ends the procedure for changing the terms of the agreement between the employee and the administration of the organization.

1. Refusal to work under changed conditions, but consent to transfer to another job in the organization.

If there are vacancies, the employer is obliged to offer them and list them in the notification. These may even be positions lower than those currently occupied and with a lower salary, the condition being the ability to perform the work taking into account the state of health and qualifications.

The transfer is carried out with the written consent of the employee with the execution of an additional agreement to the contract and an order from the head of the organization on the transfer (Article 72.1 of the Labor Code). Then the personnel service makes entries in the employee’s personal card and work book.

1. The employee refuses all options.

The employee has the right to decide to refuse innovations, as well as proposed vacancies. Then the employment contract is subject to termination on the basis of clause 7, part 1, article 77 of the Labor Code of the Russian Federation. This happens on the basis of an order from the organization with full payment for the period worked, compensation for unused vacation and severance pay.

Notification of an employee about changes in the terms of an employment contract is a document with which the employer is obliged to familiarize the subordinate in the event of an adjustment to the agreement concluded with him. There is no mandatory form, but if important details are missed during preparation, the employee will go to court and the organization will be fined.

What is correct about change or about change?

The presence of vacancies is the most painless way out of layoffs, because the employer will not have to experience unnecessary negative emotions when he is forced to deprive a person of work. If unfilled positions are subject to reduction, an act is drawn up on the basis of which changes are made.

Facts that have occurred that significantly affect the work are reported either in a report or memo, or in a statement. These documents can be submitted by interested parties themselves, or by heads of structural divisions. Responsible officials study all submitted materials and issue orders taking into account the changes that have occurred.

We recommend reading: Determining the Limits of State Intervention in the Personal Life of Citizens

When and by whom is notification issued?

The employer changes the working conditions specified in the employment contract on his own initiative if there are two reasons for adjustment (Article 74 of the Labor Code of the Russian Federation):

1. Organizational. These include, for example, the reorganization procedure, changing the operating mode of the institution.
2. Technological. For example, the introduction of innovations in production processes, modernization, changing the scope of the enterprise, the use of new equipment.

The adjustment in these cases occurs at the initiative of the employer. He develops and sends employees a notice of changes in working conditions, in accordance with Art.

74 of the Labor Code of the Russian Federation, at least two months before the date of introduction of changes. The individual employer provides notice of changes to the employment contract no less than 14 days in advance (Art.

306 of the Labor Code of the Russian Federation), religious organization - no less than 7 days (Article 344 of the Labor Code of the Russian Federation).

Current legislation contains instructions only for a minimum period. There is no maximum possible period. But there is no point in delaying the warning: in the event of a dispute, such an algorithm is regarded in court as an actual abuse of law.

Required notice periods for employees

Article 74 of the Labor Code provides that notification of changes in working conditions by the company's management must be made at least two months before the proposed reorganization. Accordingly, responsible persons can warn their employees earlier, immediately after the decision to introduce changes has been made. For example, if employees go on paid leave, they are warned in advance, and in writing.

If there is a massive reduction or change in the size of the salary (for example, a transfer to part-time work), the employer must notify the trade union management three months in advance so that it can monitor compliance with rights and the legality of the operation. Moreover, union employees monitor the correctness of actions of both union members and other specialists.

Attention:

if the contract is concluded with an individual entrepreneur or with an individual, the notice period changes to two weeks. This is provided for in Article 306 of the Labor Code.

Document requirements

There are no statutory requirements for the form of notification to an employee about changes in the terms of the contract. This means that the employer independently determines the method of notification of contract adjustments. He forms a notification in writing on the institution’s letterhead (if a form is available) or on A4 sheet in written or printed form.

The document includes information:

• about the nature of adjustments in the contract;
• the reasons that caused them;
• employee rights and responsibilities;
• deadlines for the employee to make a decision;
• consequences of consent or refusal to work under updated conditions.

The document should be drawn up in 2 copies. Give one to the employee upon familiarization with the paper (against signature), and leave the second with the employer.

Options for expressing an employee’s decision to adjust the provisions of the contract:

1. On a form with text in a specially designated area. With this option, the document with the employee’s opinion is returned to the employer.
2. On a separate document. The employer develops a form for the employee's response with the latter's decision.

The document should define the period during which a person decides on the new terms of the employment contract.

How to apply

The algorithm by which the notification should be issued should be strictly followed to avoid problems.

Step 1. Indicate the addressee's details on the institution's letterhead.

• name of company;
• employee's position;
• FULL NAME. employee.

Step 2. Indicate the name, number and date of formation.

Step 3. Address the employee, starting with the word “Dear...”.

Step 4. Referring to Art. 74 of the Labor Code of the Russian Federation, state the reasons, nature of the changes, new working conditions.

Step 5. Indicate in the notice the date of introduction of the new provisions.

Step 6. Inform the employee of the consequences of refusing to work under changed circumstances, including the possibility of dismissal if he refuses.

Step 7. Inform about the availability of vacancies for which a person is applying if he refuses to work in the new conditions.

Step 8. Sign the notice of change with the manager.

Step 9. Assign an outgoing number. Enter information about the paper in the log of outgoing letters (in case of a dispute, the log will prove the fact that the paper was generated and sent to the employee).

This is what a sample notice of change in the terms of an employment contract looks like:

GBOU DOD SDYUSSHOR "ALLUR"

Head of the riding department

On changes to the terms and conditions determined by the parties

Dear Semyon Semenovich!

In accordance with Art. 74 of the Labor Code of the Russian Federation, for reasons related to the change in organizational working conditions in the State Budget Educational Institution of Children's and Youth Sports School "ALLUR" - the approval of the Internal Labor Regulations of the State Budgetary Educational Institution of Children's and Youth Sports and Youth Sports School "ALLUR", we notify you that two months from the moment you familiarize yourself with this notification changes the following terms of the employment contract concluded with you:

1. Working hours are set from 8:30 to 17:30 with a lunch break from 12:00 to 13:00.

If you do not agree to continue working in the new conditions, you are offered another job that corresponds to your qualifications and health status, and in the absence of such work, a lower position or lower paid job that you could perform taking into account your qualifications and health status (if there is such a job ).

In the absence of the specified work, in the event of your refusal of the offered work, the employment contract with you is terminated in accordance with clause 7, part 1, art. 77 of the Labor Code of the Russian Federation (“in connection with the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties”).

Please notify the HR department of your decision to continue working under the new conditions by April 12, 2020.

1. Copy of order No. 15 dated February 11, 2020 “On approval of the internal labor regulations.”
2. Extract from the Internal Labor Regulations.

I received the notification, I agree to work under the new conditions

• Procedure for notifying employees
• When is the notification issued?
• Changing the terms of the contract when changing the staffing table
• Notification of changes in the terms of the employment contract
• Employee's response to notice
• The legislative framework

Before the start of an employment relationship, the rights and obligations of both the employee and the employer are stipulated in the employment contract. When the employer is no longer satisfied with the terms and conditions specified in the contract, he has the right to change them.

For this purpose, an additional agreement is concluded. The employer has the right to change the terms of the employment contract unilaterally.

Expert opinion

Ilyin Ivan Pavlovich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Recognized legal expert.

For this purpose, he draws up and sends to the employee a special notice of changes in working conditions (consider the current forms for 2020).

What is the correct spelling about change or change?

Since the Legislation does not allow a reduction in employee salaries, with the exception of cases of reduction in staffing rates, changes in salary or tariff rate occur upward. At the same time, it is allowed to introduce adjustments not only for one, but for several employees at once.

We recommend reading: Benefits for a working veteran of labor in Moscow

An example of changing the staffing table, when it is supplemented by a new position or staffing unit, is very similar to the previous one. As a rule, changes in job composition are justified by an increase in the volume of work in the department, the need to increase the efficiency of a particular service or the enterprise as a whole, the opening of a new production facility, etc.

When is the notification issued?

The terms of an employment contract can only be changed in the event of organizational or technological changes.

Technological changes include:

• Innovative changes in production processes;
• Purchase and commissioning of new equipment;
• Modernization;
• Change of activity.

Organizational changes mean the following changes:

• Consolidation of divisions in a company, or their fragmentation;
• Changing the company's location to another city;
• Making changes to the operating mode.

All other cases are not grounds for changes to employment contracts. For example, reasons such as declining sales and deteriorating financial position of the company are not considered valid reasons for making changes.

How to correctly write a request for change or change

Recommendations that can help you find any, even the most complex object:. Instead, try writing the letter “E”; in complex names, especially when the street is named after someone, use keywords, for example: Friedrich Engels street - type simply Friedrich.

The real estate verification service is not a government website of the Russian Federation. Cadastral value. Making changes to the USRN is a procedure for citizens. Rosreestr - making changes to the Unified State Register. How to submit an application for amendments to the Unified State Register of Real Estate?

Changing the terms of the contract when changing the staffing table

When an employer makes adjustments to the staffing table, this does not mean that the organizational working conditions are changing. For example, when changing the name of a position or department, the workload does not change.

An organizational change will be considered, for example, if any unit was removed from the staffing table and its functions were redistributed between other units (Read also the article ⇒ Features and procedure for adding positions to the staffing table in 2020).

Important! If the name of the organization or its legal form has changed, this is not a reason to change the terms of the agreement unilaterally.

About change or about change as it is correct

These documents can be submitted by interested parties themselves, or by heads of structural divisions. Responsible officials study all submitted materials and issue orders taking into account the changes that have occurred. The document is endorsed by the head of the enterprise and recorded in the order book.

If the adjustments are significant and the staffing table undergoes numerous amendments, then a new document must be approved. Drawing up a vacation schedule is the responsibility of every organization. Usually it is developed in advance: 2 weeks before the next calendar year and approved by order of the boss.

Notification of changes in the terms of the employment contract

There is no special form for this document; you can draw up a notification in free form. The requirements for this document are determined by the Labor Code of the Russian Federation, according to which the notification must list all changes and also describe their reasons. According to the requirements for drawing up documents, the notification must contain:

• Name of the employer and his details;
• Date and serial number;
• Full name of the employee;
• The date on which the changes to the terms and conditions will take effect;
• Vacancies that are offered to an employee in case of refusal to work under new conditions;
• Reasons for changes. The employer can rely on changes in legislation, or on the results of a labor assessment, or on the optimization of technological production processes, on the reorganization of a legal entity and other reasons;
• What specific conditions in the contract with the employee will be changed, that is, the clause of the contract is indicated;
• The period given to the employee for him to make a decision on his agreement with the new terms of the contract or disagreement with them;
• Consequences for the employee if he refuses the changes. The following are indicated as consequences: another vacant position or dismissal of the employee.

Important! The absence of any clause in the notice may lead to the employee challenging changes in the employment contract in court.

Such a notice is signed by the manager or an authorized employee.

Here is a sample notification of changes to the terms of an employment contract ⇓.

conclusions

As you can see, there is nothing complicated in drawing up a notice of changes in the terms of an employment contract (we provided a sample above) - it is drawn up by a specialist in the HR department and distributed to everyone affected by the reorganization, against signature. The main thing is to follow the general form so that later controversial situations do not arise and the employee is not able to appeal the papers in court and is reinstated in his previous position. As a rule, employees perceive situations related to internal reorganization or modernization quite calmly, if they do not lead to a reduction in wages and reformatting of the daily routine. Therefore, there is no need to be afraid that they will start quitting en masse . As a last resort, a general meeting can be held to explain to staff the need for such actions. Or consult the heads of departments and force them to hold meetings within the departments and provide the necessary information for signature.

In what cases is it required

In some cases, the situation forces employers to reorganize their enterprises. Changes must be reflected in the employment contract by adjusting certain clauses.

New rules may apply to all areas of work of citizens, for example:

• set schedule;
• monthly salary;
• shift;
• place of work.

When the employer makes a decision, he issues an order. Each employee gets acquainted with the document, he confirms his agreement with his signature. If he does not want to work under the new employment contract, he writes a letter of resignation.

When?

To give employees time to prepare and make a decision about their workplace, employers are given deadlines for notifying citizens:

• at least 2 months for legal entities;
• for individual enterprises and firms where the boss is an individual - at least 2 weeks;
• at least a week for companies of a religious nature.

The exact form of the notification is not established by law; the main thing is that it contains the following provisions:

1. Full name of the recipient, details and name of the organization.
2. The body of the document states the need for innovation with references to laws. The process of reorganizing the workplace is described below. At the end there is a date from which the changes will take effect. The last line leaves space for the employee’s signature.
3. The employer should not use complex terms when explaining the reasons for changes. Workers must understand when and how working conditions will change.
4. You can add a line about the consequences of an employee’s refusal to sign the notice with reference to Article 77 of the Labor Code. If the person does not agree, he will be dismissed with payment of salary, vacation pay and compensation.

Who does the design

A bilateral agreement is drawn up between the employee and the employer. If the Labor Code establishes the possibility of changing working conditions unilaterally, the employer draws up a notice and delivers it to the employee for signature within the time limits established by law.

The document is issued to the employee in the personnel department. If a person is not at the workplace, he can be sent by mail to the registration address (specified in the contract).

In some cases, the second party is not the employer, but an authorized employee, often a personnel officer or an accounting employee. If the document is sent by mail, confirmation of receipt is not required.

If the paper is handed over, the person puts his signature. This gives the document legal force and confirms that the employee is familiar with the changes. The original paper is sent to the person’s personal file.

How to write a notice and its sample

The Labor Code establishes the employer's obligations to notify the employee on time. The notification must include:

• reasons for changes with references to the order;
• what provisions of the employment contract will be changed.

If the employee agrees, an additional agreement can be concluded to the employment contract. If the person refuses to sign the document, the employer sends a second notice offering the vacant position.

If an employee is not satisfied with the job offer, he is dismissed in accordance with the Labor Code.

The legislation does not establish a single form of notification; it can be filled out on company letterhead or a regular A4 sheet.

notifications about changes to the terms of the employment contract can be found here.

Salary

A notice of remuneration is the easiest to draw up, since the employee’s consent is not required; he is presented with a fait accompli. At the beginning of the document, the full name of the employee, as well as his position and department, are indicated. The last line leaves space for the person’s signature.

Essential conditions

The working conditions specified in the employment contract must remain unchanged (minor changes do not count). If the workplace is in the process of changing, the employer is obliged to notify the employee within the established time limits. It is prohibited to change the employment contract without notice.

If the changes cover all areas of the employee’s activity, it is necessary to change the original document rather than filing an additional agreement.

The employer is obliged to explain the reasons for the changes and support the words with references to laws. This process takes longer than changing the salary, since it is necessary to respect the employee’s rights and take into account his interests.

If it is impossible to reach an agreement, additional compensation is paid upon dismissal.

Vacation

Article 74 of the Labor Code establishes that the employer is obliged to notify the employee of changes 2 months in advance, even if the person is on vacation.

Place of work

Any change in place of work is a reason to change the employment contract. Reasons to notify an employee include:

• changing the terms of the monthly salary;
• transfer to another position;
• reworking the work schedule.

If a person moves to another place of work temporarily, the employment contract does not change. A temporary position is considered permanent if the transferred employee does not return after completion of the period of service.

Mode

The employee must be notified of changes if one of the following areas is affected:

• night work;
• overtime;
• performing job duties that deviate from those specified in the employment contract;
• place of work;
• Time relax.

If an employee works overtime, he must be compensated for additional hours.

Transfer of employees

and documents for employers regarding the transfer of employees can be found here.