Drawing up an additional agreement to the employment contract

The main reasons for drawing up additional agreements

An additional agreement can be drawn up 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 the name of the organization has changed, 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, must be recorded in an additional agreement to the employment contract.

Justification for 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 the affiliation with the company - the employer remains the same (Article 72.1 of the Labor Code of the Russian Federation). Transfers can be realized in one of the following ways:

1. Changing the set of job descriptions for an employee - expanding the list of functions, reducing responsibilities or completely updating them (on a permanent basis or under the terms of temporary replacement).
2. Change of structural department, which is mentioned in the job title.
3. Transfer of an individual to branches located and registered in another location.

New employment contract or additional agreement

Some employees mistakenly believe that in order to change the working conditions of their current employer, it is necessary to conclude another employment contract. This is wrong. The fact is that in order to draw up a new employment contract with an employee already on staff, it is necessary to terminate the previous 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, and work book.

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

The essence of the additional agreement

If an employment contract has the nature of a basic document and establishes the fact of labor relations between an employee of an enterprise and his employer, their period, conditions, features and other parameters, then an additional agreement is an attached document.

Usually additional the agreement certifies the fact that agreement has been reached between the employee and the employer on only one or two amended points of the main agreement, completely canceling their previous version and introducing a new one.

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

Additions, changes or reductions

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

• If new articles are introduced into the employment contract, additional the agreement must be written down in full detail and indicate the date from which they begin to apply.
• If we are talking about changes, then they should be included in the addendum. agreement, the wording of the amended clause has lost its relevance and insert a new one.
• If the parties have agreed that some sections or clauses of the main employment contract are no longer necessary, it is necessary to confirm in additional. agreement, mutual refusal of them, noting the date from which their validity ceases.

On whose initiative is it compiled?

Any interested party takes the initiative to make changes. If the initiator is the administration, the employee must be notified in writing of the upcoming changes. This could be, for example, a proposal to extend the employment relationship. In this case, if the decision is positive, an additional agreement is signed to extend the term of the contract.

If the changes are the initiative of the employee, he writes a statement addressed to the employer. For example, the introduction of shortened working hours or a flexible schedule. The employer does not have the right to refuse in the following cases (Part 2 of Article 93 of the Labor Code):

• pregnant woman;
• one of the parents (guardian) of children under 14 years of age, disabled children under 18 years of age;
• persons caring for sick family members.

Read more: Amendments to the terms of the employment contract

The refusal and its reason are communicated to the employee against his signature. If the application is granted, a corresponding additional agreement is drawn up and signed.

IMPORTANT!

Regardless of the initiator of the changes, the additional agreement to extend the term of the contract is drawn up in accordance with the requirements of the current legislation (see Articles 153, 420, 450 of the Civil Code of the Russian Federation and Articles 57, 74 of the Labor Code of the Russian Federation).

Whether to agree to changes is always voluntary and occurs by mutual consent. An exception is the upcoming changes in organizational and technological working conditions (Article 74 of the Labor Code). Let's list these events:

• change of owner of the employing organization;
• re-registration of jurisdiction and subordination of the founder;
• reorganization, change of legal address.

In this case, the employee is notified of upcoming events.

Sample notification

On changing the terms of the employment contract determined by the parties

Dear Sergey Sergeevich!

In accordance with Art. 74 of the Labor Code of the Russian Federation, for reasons related to changes in organizational working conditions at Pion LLC, namely the approval of the internal labor regulations of Pion LLC, we notify you that two months from the moment you familiarize yourself with this notice, 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 will be 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 any). work). In the absence of the specified work or in the event of your refusal of the offered work, the employment contract with you will be 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 August 12, 2022.

Application:

1. Copy of order No. 15 dated June 11, 2020 “On approval of the internal labor regulations.”

2. Extract from the Internal Labor Regulations.

General Director Voronov A.V. Voronov

I received the notice and agree to work under the new conditions.

Head of Sales Department Smirnov S.S. Smirnov

12.06.2020

In case of disagreement with the new conditions, the employee is transferred to another position or dismissed (if the transfer does not suit him).

IMPORTANT!

The employee has the right to challenge the additional agreement, and it is declared invalid under the following circumstances:

• it is concluded with a document whose validity has expired;
• the new conditions worsened the employee’s situation;
• one of the parties (or both) did not have signatory authority.

Read more: How to transfer an employee so that you can win in court

Who forms the additional agreements

Typically, the responsibility for drawing up additional agreements to employment contracts lies either with the organization’s legal adviser or with a specialist/head of the human resources department. In any case, this must be an employee who has an idea of ​​how to draw up documents of this kind and is well acquainted with the civil and labor legislation of the Russian Federation.

After writing, the additional agreement must be signed by the head of the company - without his autograph it will not receive the status of a legally valid 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 out any single unified form, so you can write it based on your own idea of ​​the document and needs, or, if the enterprise has a developed and approved document template, based on its sample. It is important to follow only two basic rules: the form’s structure must meet generally accepted standards of personnel records management, and the text must include a number of mandatory data.

In the header it says:

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

Next comes the main part, where you enter:

• name of the employing organization;
• position, last name, first name and patronymic of the manager;
• information about the employee (position, last name, first name, patronymic, passport details).

Then, point by point, it is written down exactly what changes are made to the employment contract using this agreement. If we are talking about wages, then it should be indicated both in numbers and in words.

Further, it should be noted that the part of the employment contract not touched upon 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 came to the agreement voluntarily.

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

What can be changed?

It is allowed to make amendments to the TD, both mandatory conditions (Parts 2, 3 of Article 57 of the Labor Code of the Russian Federation) and additional requirements of the TD (Parts 4, 5 of Article 57 of the Labor Code of the Russian Federation). In any case, to change the terms of the TD, the parties are required to sign a DS to the TD.

Below is a table explaining the mandatory and additional labor requirements.

How to correctly draw up an additional agreement in 2021?

The legislative norms of the Russian Federation do not establish a unified template for DS for TD.
Therefore, the execution of such an agreement is based on samples of such forms. If the company has an approved form, you can use it. When filling out a DS for a TD, it is important to follow two main rules:

• The form must contain a structure that meets generally accepted standards in office work.
• Display required information.

The procedure for drawing up the DS is as follows:

1) Like any agreement, filling out a document must begin with its title and number.

2) Next, a link to the TD should be indicated, indicating the date of its conclusion and number.

3) Below, the place and date of registration of the DS is indicated.

4) The next paragraph of the document is the preamble, which displays:

• Business name.
• Position and full name its director.
• Details of the employee, indicating the position, full name, passport details.

5) Then, the amendments made to the TD are filled out point by point. If adjustments concern wages, then they must be indicated in numbers and in words.

6) It is also necessary to indicate that unmarked paragraphs of the TD text remain in the previous edition.

7) Finally, it is noted from what date the DS comes into force, the number of copies of the document drawn up.

The DS must be signed by the director of the enterprise and the employee.

9) At the end of the document, a note is made indicating the delivery of one copy to the employee, where he must sign.

If there are any additional documents, at the request of the parties, they are attached to the DS, listing them in the “Appendix” section of the form.

How to draw up 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 company letterhead, by hand or printed on a computer.

Only one condition must be strictly observed: the additional agreement must have “living” signatures of both parties.

If the employing organization uses stamps in its work to endorse documentation, then the agreement form must be stamped. The document must be prepared in two identical copies - one of them remains with the employer, the second is given to the employee.

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

A properly formed and endorsed additional agreement must be recorded in the journal of employment contracts and additional agreements to them.

After the document goes through all stages of registration, it is transferred for storage to 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 must be kept for the period established for such documents by local regulations of the company or the legislation of the Russian Federation.

Cases of registration

Personnel employees should remember cases in which signing amendments to the main contract seems justified:

• Change of position within the same organization.
• Changes in wages.
• New job title or department.
• Changing the operating mode.
• Introduction of new compensations and guarantees.
• Establishing a new validity period.
• Entering responsibilities for additional work.
• Changes in working conditions based on certification results.

In addition to introducing new provisions, individual clauses may be excluded from the contract. This happens when compensation for work in hazardous work is canceled due to improved conditions in the workplace, which was previously recorded in the results of a special assessment.

Translation

A common reason for change is the transfer of a person to a new position with the formation of new working conditions, pay, responsibilities, etc. According to the provisions of Art. 57 of the Labor Code of the Russian Federation, indication of the position is included in the list of mandatory parameters of the contract. Therefore, when an employee is transferred to a new position, the remaining points related to the changed nature of the work are also changed through an additional agreement.

Download the additional example. translation agreements (38.0 KiB, 351 hits)

The transfer of an employee is often carried out for medical reasons, when work in the previous position is impossible for health reasons.

• How to legally work two jobs officially

When drawing up the document, the validity period of the new conditions is taken into account. Sometimes an employer, due to operational necessity, transfers a temporary employee to a permanent job. In other cases, the temporary involvement of an employee in another position is required, which requires a separate indication of the duration of the agreement.

In addition to signing the additional agreement, the enterprise administration must issue an order to transfer the employee to another job, fixing the moment of transition to other responsibilities and payment terms.

During reorganization

The contract with the employee must indicate the exact names of the parties. For an employee, this is the last name, first name, patronymic, and for the organization, this is the exact legal name. The agreement will be valid until there are changes in the names of the parties.

When reorganizing, merging companies, dividing an organization into several separate companies with a change in the name of the employer, the contract must be adjusted by signing an additional agreement in connection with the renaming. Unlike new employment, there is no need to re-register the employment contract. It is enough to make and agree with the employee an additional agreement to the contract according to the model established at the enterprise.

In the process of changing the name of the employer, the conditions, responsibilities may change, and the salary may increase, since you will be working with another legal entity. Some provisions of the previous contract may be canceled if the organization changes.

Changing employee data

Since the employee is a party to the labor relationship, when changing the last name, first name, or any personal data, an application must be signed, similar to the agreement during the reorganization of the company.

After the employee changes the data in his full name, according to the law, it is necessary to obtain a new passport, which means that the relationship with the employer is also subject to re-registration by entering information from the received passport. After marriage, the employee will not only have to sign an additional agreement, but also make changes to her employment and personal cards.

Combination of positions

Labor legislation provides for the provision of additional work functions to the employee. Based on Article 60.2 of the Labor Code of the Russian Federation, the employer draws up a new document with the employee indicating additional assignments, work hours and the additional payment due for combining positions and other working conditions.

The need for additional agreements often arises in connection with the periodic departure of personnel on vacation, or during periods of absence of a person from work due to temporary disability. In this case, it is necessary to separately indicate not only information about the new rate, but also the period for fulfilling the duties of the part-time worker.

A similar situation, as a rule, arises during vacations or in connection with the illness of one of the main employees and involves combining two positions for a certain period of time. If the replacement period does not exceed 1 month, they can do without concluding a new agreement - it is enough to issue an internal order.

The range of responsibilities that are initially prescribed in the employment contract increases, not to mention the payment; accordingly, these nuances should already be enshrined in the agreement.

Salary increase

Remuneration is one of the main points of the employment contract, therefore any changes in the amount of the contract must be formalized through an additional agreement. To fix a new salary, use a standard version of the document with the mandatory inclusion of new information about the conditions for calculating earnings in the new edition.

Download a Sample Additional Agreement for Salary Changes (37.0 KiB, 388 hits)