Formation of an additional agreement to employment contract occurs when some new circumstances arise during the execution of the contract.

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The main reasons for drawing up additional. agreements

Supplementary agreement can be compiled for a variety of reasons:

• changes in wages, working hours, working conditions;
• transfer to another position;
• promotion, etc.

Also, an agreement must be drawn up in cases where there has been a change in the name of the organization, its legal address has changed, or the current main employment contract has expired.

Thus, all changes that relate to the functions, rights, powers of the employee and the employer, as well as all changes related to the organization itself, should be recorded in a supplementary agreement to the employment contract.

New employment contract or add. agreement

Some workers mistakenly believe that in order to change the working conditions of the current employer, it is necessary to conclude another employment contract. This is not true. The fact is that in order to draw up a new employment contract with an employee already enrolled in the staff, it is necessary to break the old one. And this is inappropriate, since, in addition to the actual termination of the contract, this entails additional difficulties: the employee's length of service is interrupted, in fact, dismissal occurs, which in turn leads to the need to make appropriate entries in his personal file, personnel documents, work book.

That is why the legislation provided an opportunity for the management of enterprises and organizations to form additional agreements, which become an integral part of the existing labor contracts.

The essence of the supplementary agreement

If the employment contract has the character of the main document and establishes the fact of labor relations between the employee of the enterprise and his employer, their period, conditions, features and other parameters, then the supplementary agreement is the attached document.

Usually add. the agreement certifies the fact of reaching an agreement between the employee and the employer only on one or two amended clauses of the main contract, completely canceling their previous edition and introducing a new one.

Once the agreement is signed, as mentioned above, it is considered part of the agreement. I must say that several additional agreements can be made to one employment contract.

Additions, changes or decreases

Changes included in the employment contract by drawing up an additional agreement can both increase the number of clauses of the main contract, change their content, and reduce their number:

• If new articles are introduced into the employment contract, add. the agreement must be sure to register them in all details and indicate the date from which they begin to operate.
• If we are talking about changes, then add. agreement has lost its relevance edition of the corrected paragraph and enter a new one.
• If the parties have come to an agreement that some sections or clauses of the main employment contract are no longer necessary, it is necessary to certify in additional. agreement, mutual withdrawal from them, noting the date from which they terminate.

Responsibility for violation or non-performance of the supplementary agreement

The formation of additional agreements should be treated as carefully and seriously as the conclusion of the main employment contract. The consequences of their violation or non-fulfillment for employees and employers are exactly the same - administrative punishment (in the form of fines), disciplinary sanctions, or even (in especially serious cases) criminal prosecution.

Is it possible to form an additional agreement without the consent of the employee

The very title of the document contains the answer to this question. The agreement implies a bilateral nature of the relationship and means that the parties have come to a mutual, voluntary and full agreement on any issue.

Based on this, it is unacceptable to make an agreement unilaterally - it simply will not be considered legal.

Who forms the add. agreements

Usually, the responsibility for the formation of supplementary agreements to employment contracts lies either with the legal adviser of the organization, or with the specialist / head of the HR department. In any case, it must be an employee who has an idea of \u200b\u200bhow to draw up such documents and is well acquainted with civil and labor legislation. Russian Federation.

After writing, the additional agreement must be endorsed by the head of the company - without his autograph it will not receive the status of a legally legal document.

How to draw up an additional agreement

To draw up an additional agreement to an employment contract, the law of the Russian Federation does not provide for filling in any single unified form, so you can write it based on your own idea of \u200b\u200bthe document and needs, or, if the company has a developed and approved document template, according to its sample. It is important to observe only two basic rules: the form, in its structure, must meet generally accepted standards of personnel records management, and in the text it must include a number of mandatory data.

The header says:

• name of the document and its number;
• number and date of drawing up the employment contract to which this supplementary agreement applies;
• place, date of the agreement itself.

• the name of the employing organization;
• position, surname, name, patronymic of the head;
• information about the employee (position, surname-name-patronymic, passport data).

Then, point by point, it is prescribed which changes are made to the employment contract using this agreement. When it comes to wages, then it should be indicated both in numbers and in words.

Further, it should be noted that the part of the employment contract that is not affected in the text of this document remains unchanged, write the date on which the agreement comes into force, and also certify the fact that the parties have come to an agreement voluntarily.

If there are any additional papers that one of the parties wishes to attach to the agreement, they must also be entered into the form as a separate item.

How to complete an agreement

There are no special criteria for the execution of the agreement, as well as for its text: it can be written on a regular blank sheet of any convenient format or on the company's letterhead, by hand or typed on a computer.

Only one condition is strictly required: the supplementary agreement must have "live" signatures of both parties.

If the employing organization uses stamp products in its work for the approval of documentation, then the agreement form must be stamped.
The document must be formed in two identical copies - one of them remains with the employer, the second is handed over to the employee.

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

A properly formed and endorsed supplementary agreement must be recorded in the register of labor contracts and supplementary agreements to them.

After the document goes through all the stages of registration, it is transferred to storage in the personnel department of the enterprise, where the entire period of the employee's work in the organization lies in a separate folder, along with the main employment contract.

After the dismissal of an employee, it can be transferred to the archive of the enterprise, where it should contain the period established for such documents by local regulatory legal acts of the company or the legislation of the Russian Federation.

The main document governing the relationship between the administration of an economic entity and the employee hired by it is the contract that they conclude with each other. occurs, as a rule, for a 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 the supplementary agreement to the employment contract.

It includes both the conditions that must be contained in it, as well as clauses with the regulation of additional issues of the relationship between the employer and his employees.

The former are established by law and without them, the contract can be called invalid. This includes the place of work, the duration of the contract, remuneration, etc.

The latter are included in the drawn up agreement on a voluntary basis. These may include items on probation, trade secrets, additional leave, social and living conditions of the employee.

The Labor Code of the Russian Federation establishes what is allowed both under the mandatory conditions and others reflected in this document.

In practice, the issues reflected in the labor contract are most often changed for:

• The duration of the employment contract.
• Employee working conditions. This also includes a transfer to another position, for the registration of which you need to issue an additional agreement to the labor contract for the transfer.
• Combining professions.
• Termination of the contract.

Attention! All changes can be made either by a new employment contract, or by concluding an additional agreement to the employment contract. The main condition when making changes to the contract with the employee, all of them must be agreed with him and carried out on a voluntary basis with his consent.

The procedure for drawing up an additional agreement

The easiest way to change the terms of an employment contract is to draw up an additional agreement to it.

An additional agreement to the employment contract can 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 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 on the initiative of the administration, take place on the basis of an official or memorandum, in which the responsible person informs the director about such a need.

In addition, changes to the contract may be required due to certain events occurring in the enterprise. This can include a change in the owner of the company, the address of the location of the company, etc.

After the parties are notified of the revision of the terms of the contract, it is necessary to discuss and reach an agreement on the terms of the contract that will be revised.

The decisions taken must be formalized in the form of a written document. Mainly engaged in its development personnel service enterprises. In this case, other specialists of the firm may also be involved - lawyers, economists, etc.

The drawn up agreement must be read by each party, and signed by them in case of agreement with the changes introduced. May sign on behalf of the company this document only the head of the company.

The organization may keep a log to record additional agreements drawn up.

The supplementary agreement to the 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 can have an independent number and its date must be affixed. But in it it is necessary to make a reference to the main employment contract.

Important! The agreement is drawn up in at least two copies for each party. In this case, the document must contain a receipt from the employee about the receipt of his copy.

How to approve a side agreement

Labor legislation in the provisions that regulate the execution of additional agreements does not contain an indication that this document should be approved or enacted 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 terms and conditions stated in it. If one of the parties refuses to sign the agreement, then it cannot be enacted unilaterally.

In addition, in some organizations, the personnel department, at the direction of the head of the company, may issue an order approving changes that introduce additional agreements to the concluded contracts. They are usually required in order to issue instructions for the implementation of the necessary actions after the completion of all agreements.

Attention! However, it must be understood that the additional agreement begins to operate from the moment it is signed by the parties, or from the date indicated in it, regardless of the publication of any internal documents approving it.

Sample supplementary agreement

Download in Word format.

What the agreement should contain

Conventionally, the supplementary agreement can be divided into three parts: the preamble, the text part and final provisions... In this case, in the text part, you can include any number of conditions affecting a specific agreement to which the document is drawn up.

The preamble is the introduction to the agreement. It contains briefly and precisely expressed conditions under which it is concluded. It is here that the legal grounds for changing the terms of the main contract are specifically spelled out.

The preamble must indicate:

• Place and date of the agreement;
• Full name parties;
• Their positions.

The agreement must necessarily indicate exactly as many parties as they are contained in the agreement. This is very important, because otherwise the agreement will be invalidated and the changes made are simply 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 basic labor contract.

The next part of the agreement is the main text. It must indicate all those provisions and points that this agreement changes. These conditions must be achieved 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;
• Supplementing the terms of the contract.

Any number of clauses in the agreement can be specified in this way, the main thing is that the changes made are described in as much detail as possible.

In the case when it is necessary to exclude any clause or phrase from the contract, you must specify as accurately 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 needs 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, bring both their and the new values. Moreover, only 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, PSRN codes, location address, bank details;
• For an employee - full name, information about the identity document, 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.

Labor cooperation agreements can be as follows the main legal documentregulating the relationship between the two parties to the process - the employee and the employer, and act additional guidance to a previously signed and permanent contract.

Situational changes in the document in question is a relatively new definition that does not have an accurate interpretation in legislative framework Russian Federation. It can be worn as objectiveand subjective character.

In the first case, these are coincidences that are directly independent of the parties who have entered into the employment agreement, in the second, it is the persons who put their signatures under it who are the initiators who require its transformation by making additional changes.

When you may need

The editing of the main contract of employment agreements constitutes changelog in existing legal and legal relations of the parties. The possibility of such manipulations is spelled out by the Labor Code of the state, in particular, Chapter 12, where it is recorded four main reasons to form an additional agreement.

The main regulatory legal actregulating contractual relations and prescribing that in the event of an extension of the labor contract, an additional document is drawn up, which is an analogue version of the original and has the same form, is additional approval document.

It can be signed by both parties, or notarized.

It should reflect the following points:

• full name, serial number and date of preparation of the main document, to which this add. the agreement will subsequently be linked;
• the names of the private parties;
• detailed statement of the new reaction of the rollover clause current dates, or a link is given to indicate a new specific date;
• details identical to those provided earlier;
• the presence of the signatures of the responsible parties and the seal - if the employer is a legal entity.

If a situation has arisen in which the technological or organizational working conditions of the employee have qualitatively changed, for example, the reorganization or modernization of production, the change in the scope of the enterprise, its re-profiling, row important conditions prescribed in the contract, can no longer be executed by either side.

A change is legally permissible if the employer has the right to initiate it. The only exception to this is significant changes in the employee's functional responsibilities.

On planned innovations that complicate further compliance with the main conditions of the current agreement, as well as on the factors that caused the amendments, the manager is obliged to inform the employee in writing in advance... Legislation reserved for this 60 days.

Provided that the employer is not legal entity, this period, within the framework of Article 306 of the Labor Code of the Russian Federation, can be shortened to two weeks.

If the employee does not agree to perform his functions, taking into account the changes that have arisen, the manager must provide him with another position that is vacant and fully consistent with professional training, qualifications, education.

It is important to understand that a transfer to another job may involve a loss in wages or a lower job grade. This is the norm and is not legally prosecuted.

If the employer is not able to provide a vacancy, or mutual consensus on this issue has not been reached, the employment contract is terminated with full payment of severance pay to the person within the time frame established by law.

Sometimes it happens that a vacant position appears at the enterprise, and in order not to take a person from the outside, the employer goes to the functional combination of duties by one of the full-time employees. In this situation, drawing up an additional agreement is a mandatory event.

The legal status of such actions limits the ability to combine only within one group of employees on a permanent or temporary basis.

In this case, the document specifies in detail the period for which the combination applies, and also indicates which positions will be combined, the procedure for calculating with the employee for the work performed.

The paper is signed by both parties and comes into force from the moment of its signing. Upon execution of an additional agreement on this procedure, a internal production order, with which not only two parties get acquainted in writing, but also all persons, by the nature of their activity, related to or influencing the organization of the execution of amendments to the contract.

Termination of the contract

The main contract can be terminated earlier than the term specified in it. Main reason - mutual disagreement... One of the parties to the contract comes out with a proposal for its early termination. If the second does not object to this, then an additional agreement is drawn up, which is legally considered an integral part of the main document.

It demonstrates that the decision was mutual and entirely on a voluntary basis. In this case, paper is a lever that implements the main principles of freedom of contractual relations, which forms the basis Civil Code RF.

It reflects:

• date of termination;
• the fact of the absence of mutual claims;
• number of copies;
• the conditions under which the document is considered terminated.

Additional conditions on the part of the employer

If, for a number of reasons, the main conditions under which the employees' work activities were carried out have changed, full compliance by the latter with the obligations prescribed in the labor contract, not always possible... Thus, the document requires revisions and appropriate amendments to its content.

At the same time, all controversial points that were affected by the changes should be supplemented as much as possible or transformed into new ones. And those agreements, the objective need for which due to other conditions has now disappeared, are canceled, which is also should be indicated in agreement.

Often not only managers, but also employees take on the role of initiator of making amendments, because in practice they see that many clauses of the previous agreement, as they say, “do not work”.

Edits by mutual agreement

Any of the clauses of the main labor contract can be changed, supplemented, canceled or transformed on mutually agreed terms with mandatory registration additional agreement.

Mutual legal law the employer and employee to voluntarily refuse to comply with the clauses of this contract is spelled out in Article 780 of the Civil Code of the Russian Federation.

The form of paper in this situation standard... At the beginning of the document, it is written that all changes are mutual and voluntary, after which a new version of the clauses is given, taking into account the amendments made to the agreement.

In addition, there should be information about the timing - when the starting points lose legal force, From which moment new document comes into force.

If one of the parties sends approval to the other in the form of a written draft, the term for its consideration should not exceed one month... After this period, the project is considered invalid.

Nuances of drawing up

A properly drafted supplementary labor agreement should not only satisfy the mutual interests of the manager and the employee, but also have a legally competent basis, exactly correspond to the normative regulatory documents and acts.

Incorrectly drawn up paper entails a violation of labor legislation and entails administrative responsibility.

The version of the approval has standard form, which includes the following mandatory sections.

Preamble

The initial part of the document reflects the following nuances:

• name of the paper (on the merits of the issue);
• the name of the employing party, indicating the full name of the organization and the surname of the manager, then acting as the person responsible for compliance with the agreement;
• surname, name, patronymic of the employee (full);
• information that the above persons have entered into the following agreements.

A well-formed preamble should give as complete information as possible about the persons who are participants labor process... In addition, there must be permits on the basis of which the enterprise or organization operates (charter, statute, certificate of a private entrepreneur).

Text

The main section of the agreement reflects all the points of the main document that have undergone changes or are completely canceled. In this case, the original version of the agreement is first written down, then the amendments that have touched it (new edition).

A separate paragraph indicates the time parameters - the terms from which the changes take effect and are subject to mutual observance.

Final provisions

In conclusion, it should be indicated that this paper is considered an integral part of the original contract from such and such a date, the year registered under the number (indicate the registration number of the employment contract), and assumes the implementation of the remaining points not affected by this agreement within the framework prescribed by the original contract.

It should also be noted that in the absence of the main agreement, the additional agreement is not considered valid and does not bear a legal connotation.

At the end, the full details of the parties who signed the paper are indicated, with a description of both the legal, if any, and the actual registration address of the parties. Everything is certified original signatures and organization seal.

Numbering

The last mandatory item is to indicate the number of copies in which the document is drawn up and the number of pages that are components of the agreement. If there are two of them, one is kept by head, the second - at employee.

If necessary, additional copies of it may be required - the place of their further storage should also be spelled out in this paragraph.

Technical rules for modification

In the process of compliance with the labor contract, changes to its original version may be made more than once, therefore, each agreement must have its own serial number.

Addition or Exclusion of Words or Phrases

All amendments made in the main text must be stated strictly sequentially in accordance with the order in which they are spelled out in the main contract.

Corrections can contain words, whole sentences, semantic structural parts of paragraphs, and also be written by excluding them. It is necessary to clearly indicate which specific element is being edited.

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

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

In situations where approval is drawn up only for the addition of new clauses and provisions, it is required new revision of structural element... This is relevant if:

• the list of additions made is at least 50% of the entire text;
• earlier, amendments were made, which made it difficult to apply the old version of the agreement.

Replacing numbers

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

If you need a digital replacement, it would be more correct to use the word "numbers" rather than, for example, "number", "date", "year".

Completed sample

There are no complex requirements for the preparation of the agreement, for its internal content - the form allows writing it by hand on the company's letterhead, or on a regular A4 sheet. The main thing is the availability of "live" visas.

All items are drawn up on the basis of personal representation, taking into account individual needs and the specifics of the company's functioning.

Where the availability of the condition and storage is recorded

A document drawn up in a legally competent manner, completed to the end and signed by two parties without fail must undergo internal registration in the book of accounting of concluded contracts and additional approvals to them.

When the paper goes through all the stages of its registration, it is transferred to ensure safety in the personnel department of the organization, where it is located throughout the entire period of the employee's employment.

For this, the employee personal folder... After his dismissal, the document is transferred to the archive, where it must be kept for the period prescribed by the Charter or the Regulations of the organization, enterprise or company in accordance with applicable law.

A responsibility

The preparation and writing of the document should be treated with the same responsibility and seriousness as the conclusion of the main employment contract.

The consequences of its incorrect compilation, as well as violation or non-observance of individual points and requirements for both the manager and the employee, are similar.

Among them are administrative prosecution, fines, disciplinary sanctions and criminal liability (in especially severe cases of violations).

The document has been given a legislative legal assessment, and it, even without notarization, can be used in courts in the settlement of disputes and proceedings on claims.

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

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

Details of the question of what the supplementary agreement to the employment contract on the combination of positions is, can be found in the article by the link.

How to draw up a supplementary agreement to an employment contract?

A special agreement is drawn up if there are compelling 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 model in case of a mutual decision of the parties.

Based on the consent of the employee and the employer, an auxiliary agreement is drawn up in two copies. One sample remains with the boss, the second is given to the employee. Registration of documentation has legal force only after the signature of the ward and the manager (then the corresponding entry is made in the register of labor contracts and additional agreements).

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

If drawing up an agreement requires changing a large number of aspects that relate to changing salaries, extending the term of work, combining positions, then it is written: "The changed conditions of the labor act are enshrined in a special agreement to the contract."

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

Mandatory include:

1. Changes in working conditions. If the employer decides to deform the employee's work schedule. You need to issue a notice no earlier than two months in advance, relying on Article 74 of the Labor Code.
2. Changes that concern an increase or decrease in the employee's salary.
3. Modernization of the employee's working regime.

Additional circumstances are:

1. Clarification of the place of work.
2. Term of working.
3. Availability of an insurance policy.
4. Improving the level of living conditions.

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

Based on Articles 72.1, 72.2, 73 and 73 of the Labor Code of the Russian Federation, a special agreement on the above points is drawn up only by mutual agreement of the parties.

Supplementary agreement to the employment contract on changing the salary

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

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

Supplementary agreement to the employment contract on the combination of positions

If the employee has the necessary qualification level to fulfill temporary obligations, the employer draws up a supplementary document for combination, based on paragraph 2 of Article 60.

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

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

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

Additional agreement to the employment contract on transfer to another position

Transfer to another position is made out with the consent of the employee. In the conditions of the auxiliary document to the contract, the name of another job vacancy and the date of the start of the transfer are prescribed.

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

How to draw up a transfer agreement correctly can be found here:

Additional agreement on the extension of the term of the employment contract

For the period of work, the contract expires. The functionality of the document itself depends on the type of transaction, urgent or indefinite. A temporary contract can be drawn up for a day, a month, a year, but without overstepping the bar above five years.

Permanent is for the entire period of work. If the ward so desires, the open-ended contract can be changed into a fixed-term one.

There are two options for extending the labor period: 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.

On the basis of the agreement of the two parties, the extension of the validity period is possible, taking into account the provisions of Article 72. If the employer sees that the contract expires, 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 draw up an additional document to the main agreement, 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:

1. Name. Depending on the reason for filling out the auxiliary agreement, the name of the document itself will also change.
2. The introductory part, which indicates the full name of the organization, the data of the head and the ward.
3. 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 designated.
4. Conclusion. In the end 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 is worth noting that to replace the director, contact details of the manager or employee, you do not need to draw up a supporting document to the contract.

As you know, everything in the world is changing, including in the production sphere. Having signed once upon admission, 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 the norms Labor Code... To avoid negative consequences for both the organization (from the state labor inspectorate) and the employee (in case of issues resolved in court), this must be done correctly.

What it is?

A supplementary agreement is a document drawn up in writing by the same parties as the original agreement, in order to record the changes that have occurred... Both the labor contract and the additions to it are agreements, that is, to sign them, the agreed will of the parties is required (mutual consent). This is established by Art. 72 of the Labor Code of the Russian Federation.

The supplementary agreement is a part of the contract itself, and the same requirements are established for its preparation 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 his own copy).

To certify the receipt of the contract, the employee leaves his signature on the employer's document. 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 some conditions of the contract are changed.

When is it needed?

The Labor Code says about the need to fix by an additional agreement not all conditions related to work without exception, but only essential and which were specified in the original contract and in subsequent additions to it.

In this case, a change in one condition may entail the introduction of 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 more.

Written fixation of changes is required:

• When transferring an employee.
• In the event of a change in the working conditions established by the contract.
• When reorganizing / changing the owner of the organization.

When transferring within the company, the basis will be the employee's statement signed by the manager. The translation can be either temporary or permanent. At the same time, if necessary, amendments are made to the agreement regarding the position (specialty) or division of the organization, mode of work, schedule, remuneration.

It is not required to draw up an additional agreement:

• Transfer for a period of up to 1 month without the consent of the employee, used by the employer in the cases specified in Art. 72.2 of the Labor Code of the Russian Federation.
• Work associated with moving to another object, if it was stipulated in the contract upon acceptance.

When working conditions change, it is always necessary to reach agreement of the parties for 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, since there have been organizational or technological changes, reorganization of production, etc.

In addition, changes to the terms are:

• Reduction of staff or positions.
• Change in wages (both an increase and a decrease, as well as a change in salary allowances or rate).
• Change of work schedule or nature of work.

According to Art. 74 of the Labor Code of the Russian Federation, the organization is obliged to warn employees about the upcoming changes no later than 2 months.

You can find detailed information about this documentation from the following video:

Approval and registration

According to Art. 67 of the Labor Code of the Russian Federation, the change in the employment contract is carried out by signing an additional agreement in the same form as the original contract.

Regardless of the reason that caused the conclusion of this document, the rules for its execution are the same:

• writing form;
• the content of the copies is identical;
• from the employer, the agreement is signed by the manager or otherwise authorized person, certifies the agreement with a seal, the employee signs personally.
• each side has its own copy;
• the employee puts a mark on the copy of the employer that he has received his copy.

The registration procedure consists of the following steps:

1. Giving the employee a notice of upcoming changes in working conditions.
2. Signing a personal statement (about a transfer or other change, if the initiative comes from an employee).
3. Drafting the text of the agreement in accordance with the norms of the Labor Code.
4. Document signing.

You should be aware that the new agreement does not require additional approvals and agreements. The main thing is compliance with the preliminary notification procedure, the presence of an agreed will of the parties and the compliance of the content with labor legislation.

Provisions that reduce the worker's rights over 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 registering the paper in question, it is necessary to observe several rules relating to both the norms of office work in general and to labor legislation.

This document should consist of:

• Preambles... The classic 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 data or other identifying information about an individual).
  This is followed by the number and date of the original contract and the statement of the fact of the agreement ("have entered into this agreement as follows"). A reference to the reason can be given both in the preamble and in the following text.
• Text part... In the text itself, specific changes are set out in order (indicating the article or paragraph / subparagraph to which they are introduced). If new provisions are added, then the numbering of the contract is extended (for example, "Supplement the employment contract with clause 21 of the following content ..."). When a number of provisions are excluded, a specific point is also indicated from which words or sentences are removed.
  In the event of significant changes affecting most of the text of the agreement (for example, upon a change of position), it makes sense to state it in new edition, having made the inscription “С ____ 201_g. the employment contract is used with amendments dated _______ 201_. "
• 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?

There is no legal obligation to number the agreements concluded, but some employers do this.

It is more logical to indicate in the title of the document to which particular employment contract and from what date this agreement refers ("Supplementary Agreement to the Employment Contract No. ___ dated _______ 201_g."). In addition, it is necessary to indicate from what date it comes into force, otherwise it will be valid from the date of its signing by the parties.

If you repeatedly make changes to the labor contract, it is necessary to correct not the text of the last supplementary agreement, but the contract itself.

In all organizations, without exception, in order to consolidate changes related to labor relations, it is periodically required to amend contracts with employees. This should be done in a timely manner and as fully as possible, since this way subsequent conflict situations are minimized.