Duration of the additional agreement to the employment contract. When additional

The fundamental document that regulates the relationship between employer and employee is the employment contract. It reflects all the obligations and rights of the parties.

In addition, the document contains clauses on liability for violations of the terms of the employment contract.

In our article we will look at how to draw up an additional agreement to employment contract about salary changes in 2019. Also on this page the reader can download a form and a sample of a completed document.

The need for an additional agreement to the employment contract

In the employment contract between employer and employee there is one of the most important points- determination of the salary amount. Please note that indicating the salary amount is a mandatory requirement for the content of the document.

Thus, any change in an employee’s salary must be accompanied by the signing of an additional agreement between the parties to the labor relationship. In this case, it does not matter at all whether the salary increases or, conversely, decreases.

The signing of an additional agreement is evidence that the change in salary is voluntary and occurred by mutual agreement of the parties. In most cases, this means salary as a permanent part wages employee.

We add that some payments to employees that are not considered permanent income do not require the conclusion of an additional agreement, namely:

• bonuses;
• allowances and so on.

There is no need to stipulate these payments in an additional document.

Registration of amendments to the employment contract

It should be noted that an employee’s salary can change not only upward, but also downward. A salary increase is usually perceived positively by employees and there are no problems in preparing related personnel documents.

A salary reduction, on the contrary, causes a negative reaction and often leads to conflicts with the management of the organization. As a result, the employee may refuse to sign Required documents, which reflect downward changes in salary.

Based on para. 5 hours second art. 57 of the Labor Code of the Russian Federation, salary is a fixed part of the salary, which is necessarily prescribed in the employment contract between the employer and the employee. In this regard, to change the salary it is necessary to conclude an additional agreement.

There will be no problems if the employee agrees to a salary reduction. But most often, a reduction in salary leads to the fact that employees do not agree to sign an additional agreement to the employment contract on changing the salary.

Salary reduction

The need to reduce official salaries employee problems can arise in almost any organization. The reasons for this may be different. Most often, a downward revision of salaries may be required if:

• unstable financial situation;
• the need to change the technological process.

But regardless of which reason it is necessary to reduce employees’ wages, it is mandatory to sign an additional agreement to the employment contract.

The exception is one of the grounds prescribed in Art. 74 Labor Code of the Russian Federation:

• change or introduction of new technologies used in production;
• change or emergence of new technology;
• changing the structure of the enterprise (including management);
• improvement of workplaces;
• change in workload between departments.

In these cases, it is not necessary to obtain the employee’s consent to reduce the permanent salary.

In addition, a reduction in salary is considered a change in the terms of the employment contract, which means that the employer must notify the employee in advance in writing two months before the event.

If, after notifying the employee of the salary reduction, he refuses to continue to perform his duties under the new conditions, then he can be fired. If an employee expresses a desire to continue working on the terms proposed by the employer, it is necessary to conclude an additional agreement to the employment contract.

Please note that an employer cannot simply reduce an employee's earnings. If there is a reduction in salary, then not only should the salary be reduced proportionally work time, but also the employee’s job responsibilities.

Let us add that any agreement that acts as an addition to the employment contract and contains a condition for reducing wages, while not changing the working conditions, is obviously unlawful. If, in the event of an audit of an organization labor inspectorate, it will be revealed that the employee’s working conditions have not changed, but the salary has been reduced, then this will be qualified as a gross violation of the employee’s rights and the requirements of the Labor Code of the Russian Federation.

In the supplement to the employment contract, it is necessary to indicate the date from which changes to the employment contract come into force.

Salary increase

If an organization has sufficiently wide financial capabilities, then it can increase the salary of both individual employees and all employees. As with the salary reduction, changes must be made to the main employment contract.

The standard algorithm for making changes to an employment contract when increasing employee salaries looks like this:

1. The employee’s supervisor draws up a memo to the head of the organization. The note justifies the need to increase the salary of a specific employee. The following may be indicated as grounds:

• high professional qualities;
• merits and achievements;
• performing an increased amount of work, etc.

2. The head of the organization issues an order to change the staffing table items relating to the salary of a specific employee on the basis of a memo. The staffing table, to which changes have been made, will be the legal basis for signing an additional agreement to the employment contract.

In the additional agreement to the employment contract, it is enough to state the clause on the employee’s wages due in the new edition.

It should be taken into account that the date of entry into force of the additional agreement must coincide with the date of changes made to staffing table organizations.

You can download a sample additional agreement to an employment contract on changing an employee’s salary using this button:

How to change an employee's salary in unilaterally?

In accordance with Article 74 of the Labor Code of the Russian Federation, a change in the salary amount in an additional agreement may be associated with a change in technological or organizational working conditions (for example, production has been automated or has changed organizational structure enterprises).

In such situations, the employee’s salary can be changed unilaterally at the initiative of the employer. According to the norms of current Russian legislation, the employee must be informed about this at least two months in advance.

Based on Part 2 of Article 74 of the Labor Code of the Russian Federation, the employer must give the employee a notice in writing. This document can be compiled in any form. It indicates the reasons for the changes, and also reflects the amount by which the salary will be reduced and the date.

If the employee refuses to receive notice from the employer, then it is necessary to draw up a report in the presence of witnesses (two or three people). The contents are read aloud to the employee. The two-month warning period begins to count from the date of drawing up the act.

It is worth considering that changes in salary must be included in the staffing table by issuing an order from the manager (in any form). If the employee agrees to work under new conditions, an additional agreement to the employment contract is drawn up.

After this, it is necessary to issue an order to reduce the employee’s salary, which can also be drawn up in free form. Next, the employee must be familiarized with the order against signature.

In accordance with Part 3 of Art. 74 of the Labor Code of the Russian Federation, if an employee does not agree with changes in wages, then the employer must offer the employee available vacancies (in writing). The employer can offer not only vacancies that match the employee’s qualifications, but also other, lower-level positions.

The employer has the right to dismiss the employee if he refuses the transfer or if there are no vacancies, on the basis of Part 4 of Article 74 of the Labor Code of the Russian Federation. The employee is entitled to severance pay (in the amount of two weeks' average earnings).

How to change an employee's salary employee's salary when transferring to another workplace?

As we have already noted, any change in the terms of the employment contract must suit both the employee and the employer. This also applies to changes in an employee’s salary in connection with a transfer to a new workplace.

The employee must be notified of the transfer in advance - no later than two months. If the employee agrees to the transfer, then he should sign an additional agreement to the employment contract regarding the clauses of the contract that are subject to change (including changes in salary).

The obligation to draw up an additional agreement to the employment contract when the employee’s salary changes lies with the employer. It is necessary to draw up and sign two copies of such an agreement (one for the employee and the other for the employer).

How to compose additional an agreement to increase wages with an increase in the minimum wage and indexation?

Based on Art. 133 of the Labor Code of the Russian Federation, when changing the minimum wage, all employers are obliged to bring the wages of low-paid workers in accordance with the new minimum size wages. If an organization has a salary-bonus system, this can be done by increasing bonuses. With employees receiving only a salary, an additional agreement must be concluded to increase the employees' salary.

In a situation where the minimum wage was increased retroactively, the organization needs to draw up an additional agreement to the employment contract on an increase in salary with the date when it became known about the change in the minimum wage. In this case, the agreement must be extended to earlier periods and the wages of employees must be recalculated.

In addition to changes in the minimum wage, workers' wages are also affected by their indexation. In case of indexation, additional agreements on changes in wages should be concluded with employees. Based on Art. 134 Labor Code of the Russian Federation, indexation procedure commercial organizations registered in local regulations(for example, in the regulations on wages and bonuses).

Please note that it is impossible to index the wages of employees without concluding an additional agreement, due to the fact that the terms of the employment contract are changing.

How to draw up a sample additional agreement on salary changes 2019

Organizations that quite often change employee salaries should develop a sample additional agreement. As we have already mentioned, the document can be drawn up as an appendix to the regulations on remuneration and bonuses.

An additional agreement is concluded in the same manner as an employment contract. Please note that the additional agreement must reflect the specific amount of the salary, from what date the salary will change and how much it will be, as well as the details of the employment contract to which changes are made.

In addition, the additional agreement on salary changes must be assigned a serial number. The preamble to the agreement must include the following information:

• last name, first name and patronymic of the employee;
• last name, first name and patronymic of the employer's representative.

Next, they indicate on the basis of which document the representative of the organization acts (this can be a power of attorney or charter). The document is marked with the date and place of drawing up the additional agreement. It is signed by both the employee and the employer. Then the document is certified with the seal of the organization (if any).

One copy is with the employer, the other (for signature) is with the employee.

Let us remind you that wages must not be lower than the minimum wage established at the local level. Very often this level is higher than the federal minimum wage. From January 1, 2019, the federal minimum wage is set at 11,280 rubles.

You can download the additional agreement to the employment contract on salary changes using the button below:

The article was edited in accordance with current legislation 11/21/2018

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An additional agreement to an employment contract is a document with the help of which amendments or changes are made to an existing contract. Read about how to compile and execute it, download a sample document

From this article you will learn:

In what cases is an additional agreement made to an employment contract?

An additional agreement to an employment contract is a document with the help of which amendments are made to an existing contract. Its text describes only the changes made, without duplicating information that has remained unchanged.

The need for an additional agreement to an employment contract may arise when:

• changing the location of the employer,
• change of position,
• increase, decrease in wages,
• changing the operating mode, etc.

Topic of the issue

Also read about how to safely pay for work on holidays and days off, how to behave during a GIT inspection, and what conditions need to be urgently removed from your employees’ employment contracts.

Liability for violation or non-fulfillment of the additional agreement

If the procedure for drawing up an additional agreement to the contract is not followed or illegal provisions are included in it, the employer will be subject to administrative liability or official in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation. For an individual entrepreneur responsibility cannot be avoided either.

If a repeated violation is established, the official may be disqualified for up to 3 years.

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

Every employer is required to keep a logbook. It records not only all employment contracts issued by a specific legal entity, but also additional agreements to them. Recording is done in chronological order.

After signing, the document is transferred to the HR department, where it is stored in a folder with the rest of the company’s contracts with personnel. After the dismissal of an employee, the documents are transferred to the company’s archive, and when the organization is closed, to the state archive.

The storage period for agreements is the same as for the main contracts. If the document was published before 2003, then 75 years, if after, then 50 years.

Evgeniy Malyar

# Business documentation

The general text of the employment contract, including all additional agreements (which are its integral parts), must comply with the requirements of Article 57 of the Labor Code of the Russian Federation, which regulates mandatory items its content.

Article navigation

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

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

Additional contract or agreement

In essence, revising the terms of a previously drawn up document can be equated to concluding a new employment contract. The difference between these legal actions is technical, and lies in the fact that the entire text does not need to be rewritten, but it is enough to just indicate changes dictated by certain circumstances. As Article 72 of the Labor Code of the Russian Federation states, this is possible only by mutual agreement of the parties and in compliance with all norms of Russian labor legislation. Repeat There is no need for an already valid document remaining in force.

In what cases is an additional agreement drawn up?

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

Non-compliance with legislation

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

Changing work hours at the initiative of an employee

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

You can draw up a correct employment contract taking into account all the nuances of your company using the Documentoved service.

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Download sample

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

Despite the “automatic” nature of the procedure for transferring a fixed-term TD to an open-ended one, usually the change in relations is still formalized, for which an additional document is drawn up. agreement to extend the employment contract, signed by both parties. From the legal side, this action is more correct.

It becomes clear that the employee was left in his place not because of forgetfulness, but the decision about this was made consciously. The problem of extending the validity period of a temporary employment contract can be solved different ways

, including through dismissal and the parties signing a new document, but concluding an additional agreement is technically much simpler.

Early termination of a current employment contract

Of course, in this case we can only talk about urgent TD. Objectively, in practice, situations quite often arise in which such a decision is justified. For example, to carry out some work, a contractor was hired who turned out to be so efficient that he was able to do everything that was required of him earlier. He still has orders, but he cannot accept them because he is bound by contractual obligations. Temporary employee

goes to the director and asks to let him go. The manager does not object, rewards the employee, and they enter into an additional agreement. an agreement allowing the TD to be terminated early.

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

Transfer to another job

• The action is also carried out on the basis of Article 57 of the Labor Code of the Russian Federation. The circumstances that prompt the transfer of employees to other positions or change their place of work (geographically) vary, and if mutual agreement is reached, problems should not arise. It should, however, be remembered that in each individual case a reference to the legal norm (article of the Labor Code of the Russian Federation) is required (mandatory) indicating it in the additional. agreement:
• When transferred to another location - Article 72.1; At temporary transfer
• for another job - Article 72.2; When transferring by medical indications

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– Article 73.

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

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Changing personal data

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

Combining two or more positions

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

Increase in pay

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

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When it is not necessary to enter into an additional agreement

Situations when a de facto change in working conditions occurs, but additionally. no agreement is required; they are stipulated in labor legislation. It's possible:

• For a one-time monetary reward (financial assistance, bonus, etc.);
• For short-term substitution or transfer to avoid downtime;
• When transferred to another workplace with the same responsibilities and conditions;
• During liquidation of consequences of emergency situations.

In all other cases, changes in employment conditions must be accompanied by the conclusion of an additional agreement.

How to compose a document

Regarding the execution of an additional agreement to the employment contract, the following applies: general rules requirements for the documentary turnover of enterprises in accordance with State standard RF R6.30-2003. The Labor Code does not establish a uniform form, but Article 72 indicates mandatory written execution. Content requirements are set by Article 57 of the Labor Code. The rest is extra. the agreement is drawn up in any form. As a rule, it is printed on company letterhead, but if it is not there, then the details of the organization are simply indicated at the top.

The structure of the document includes the following sections:

Preamble. Just like in an employment contract, at the beginning of the document the parties are listed (the name of the organization, which “represented by the manager acting on the basis of ...” and full name employee). This part ends with the phrase “have entered into this agreement as follows.”

Main part. It is a text that gives an unambiguous idea of ​​the subject of the agreement. It can be drawn up in the form of amendments to specific clauses of the current employment contract or as a list of accepted changes.

Details of the parties. Full information about the organization on the one hand and full name, TIN, passport number and address on the other.

Signatures. The document is signed by the manager indicated in the preamble (in person and with a seal) and the employee.

The additional agreement is executed in two copies and is attached by each party to the current employment contract. The employee signs for receipt of the document in hand.

What else you need to know about the additional employment agreement

If the agreement does not specify a term, it is automatically considered unlimited and is valid until the employee is dismissed.

After the conclusion of an additional agreement, the worker’s situation should not worsen. If this document signed under pressure or coercion, it can be challenged in court.

A document on any labor relations with foreign citizens, including an additional agreement, provides for information about a patent and a certificate for permanent residence in Russia.

Complete additional retroactive agreement is prohibited by law. An employee’s refusal to sign an additional agreement cannot serve as a basis for the application of sanctions against him by management. The agreement comes into force from the date specified in it, and if there is none, from the moment of signing.

An additional agreement to an employment contract is a document that is signed, if necessary, by the employer and employee. Nothing stands still, even when it comes to work. Responsibilities appear and change, the schedule changes, the salary changes... All these are the conditions under which the organization and the employee agreed to cooperate. When changing the conditions, it is important not to forget to document these changes and do it correctly. How to act in this or that case, when it is necessary and when it is not necessary to draw up an additional agreement - the answers are in the material on the site.

The basic conditions of employment - position, salary, dates of payment, place and work schedule - must be specified in the text of the employment contract. If these conditions change, the employer and his employee sign an additional agreement. You can download a sample additional agreement to the contract at the bottom of the page.

What situations require a separate agreement?

The conclusion of an additional agreement is required for a number of reasons relating to the essential, that is, the basic terms of the employment contract between the employer and the employee:

• transfer to another position;
• different amount of wages, salary;
• renaming a position, department, enterprise;
• new work schedule;
• extension of the contract period if it is urgent;
• new work address;
• new responsibilities, if they are specified in the original version of the contract;
• introducing additional conditions into the contract itself;
• exception individual items contract.

In all cases, the adoption of new clauses of the additional agreement by law must occur with the consent of the employed citizen on the basis of Art. 72 of the Labor Code of the Russian Federation: the very essence of signing an “additional agreement” is the mutual agreement of the parties to change previous agreements. An example of an additional agreement to the contract will show this.

If an organization keeps a log of employment contracts and additional agreements to them, you must remember to make a note in it about the signing of a new “additional agreement.”

We contribute additional conditions at the initiative of the employer

If amendments to the employment contract must be made by decision of the company management and affect all employees or several members labor collective, all interested parties should be notified of this at least 2 months before the expected date of changes (Article 74 of the Labor Code of the Russian Federation). Notification is made in writing under a personal signature and a copy of the notification is delivered. In this case, the consent of each individual member of the team is not required.

The notification is drawn up in free form, an example text could be as follows:

Luch LLC notifies Ivan Stepanovich Petrov of upcoming changes to the terms of the employment contract from February 1, 2019.

Then the points of the document in the new edition are entered, which will appear in the additional agreement. You can end the notification with the phrase:

in case of disagreement of the employee with the new conditions, in accordance with Art. 74 of the Labor Code of the Russian Federation, he will be offered available vacancies taking into account his state of health, and if he refuses the vacancy, he may be fired under clause 7 of part 4 of art. 77 Labor Code of the Russian Federation.

Job offers must also be made in writing. There is no other way to change working conditions without obtaining the person’s consent. The employer is forced to act in accordance with the law, otherwise any citizen can file a complaint in court and win it. But there is an exception in which the organization has the right to transfer a person to another job without his consent - downtime or liquidation of the consequences of a man-made or natural disaster. Such a transfer can be temporary, for a period of up to 1 month, and made by order.

We make amendments by mutual agreement

When mutual agreement is reached between the employee and the employer, the form of the additional agreement to the contract can be arbitrary; it can be drawn up and signed at any time. There is no need to copy the sample. The additional agreement is drawn up in two copies, one for each of the parties. A sample additional agreement to an employment contract can be described something like this:

• the title of the document is an agreement to amend the employment contract;
• preamble, which indicates the acting parties - the employer and the individual;
• subject - a list of items requiring change. For example: “Clause 3 of the employment contract No. 45 dated 03/01/2014 read as follows...”, after which it is written the new kind paragraph 3;
• if necessary, new paragraphs, for example: “additionally add paragraph 3.1”, then enter the content of the new paragraph;
• signatures and details of the parties.

An additional agreement to extend the term of an employment contract is also usually concluded by mutual consent, and essentially represents a clarification of the terms of the employment contract. An additional agreement to extend the term of an employment contract may look like this example:

There are situations when the personnel service also needs to draw up an annex to the additional agreement to the employment contract, for example, if the documentation forms for the employee are changed and new forms are attached.

Refusal of the employee to sign an additional agreement

Since it is impossible to change the employment contract without the consent of the other party, you need to try to come to mutual agreement. However, there are frequent cases of employee refusal to sign an additional agreement to the contract - a document that seemingly improves his working conditions. What to do in this case? There are only two options here: either try to come to an agreement with the employee, or issue an order about upcoming innovations and implement them in two months, notifying the employee about this in writing. If, after the expiration of the period, he still does not agree with the new conditions, the employer has the right to do the following:

• offer the employee in writing other vacancies in the organization;
• in case of disagreement with the transfer to the proposed positions, dismiss the employee under clause 7 of part 4 of Art. 77 of the Labor Code of the Russian Federation.

This procedure can be applied for any change in the employment contract - remuneration system, work schedule, new position etc.

In what cases is an additional agreement not required?

There are new clauses of the employment contract that do not require the signing of a special agreement. Article 57 of the Labor Code of the Russian Federation lists an exhaustive list of essential conditions, upon agreement of which an agreement must be drawn up. But other parameters that do not require a separate conclusion of an additional agreement to the employment contract may also change, namely:

• employer's legal address;
• employer details;
• employee's address;
• change general director.

A citizen’s new surname or first name is not a reason to enter into an additional agreement with him or her to the employment contract, since in this case the organization issues a special order. It is important that at the time of concluding the initial version of the employment contract, its data was current. It should be remembered that labor Relations concluded between the organization and an individual. Changes in the organization’s data such as address, bank account, and the name of the general director do not affect its subject matter, and therefore do not require the signing of new agreements.

A separate case is the execution of an employment contract with an additional agreement at the time of hiring. This is usually done when, to the standard content of an employment contract, which is valid for almost all members of the team, it is necessary to add additional special conditions for a specific person or his position. For example, an obligation to not disclose official information, financial liability, or an agreement on a separate payment in the event of dismissal.

The main document regulating the relationship between the administration of a business entity and the employee it hires is the contract that they conclude among themselves. usually occurs on long time, as a result of which some conditions of the contract drawn up with him must be changed. For these purposes, you can use an additional agreement to the employment contract.

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

The first ones are established by law and without them, the contract may be declared invalid. This includes the location of the work, the duration of the contract, wages, etc.

The latter are included in the agreement drawn up on a voluntary basis. These may include clauses on probationary period, trade secret, additional holidays, social and living conditions of the employee’s work.

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

In practice, the issues most often changed are those reflected in the employment contract regarding:

• The duration of the employment contract.
• Employee working conditions. This also includes a transfer to another position, for which it is necessary to issue an additional agreement to the employment contract on the transfer.
• Combination of professions.
• Termination of the contract.

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

Procedure for drawing up an additional agreement

The easiest way to change the terms of an employment contract is to formalize it by drawing 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 addressed to the company’s management with a request to revise the conditions specified by him labor agreement.

Changes in the terms of a contract with an employee, made at the initiative of the administration, occur on the basis of an official memo or memorandum, in which the responsible person informs the director about the need that has arisen.

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

Once the parties have been notified that the terms of the contract will be renegotiated, they must negotiate and reach agreement on the terms of the contract that will be renegotiated.

Decisions made must be in the form of a written document. It is mainly developed by personnel service enterprises. In this case, other specialists of the company may be involved - lawyers, economists, etc.

The drawn up agreement must be read by each party and signed by them if they agree to the changes made. Only the head of the company can sign this document on behalf of the company.

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

The additional 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 may have an independent number and its date must be indicated. But it is necessary to make a link to the main one labor 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 indicating that he received his copy.

How to approve an additional agreement

Labor legislation the provisions that govern the execution of additional agreements do not indicate that this document must be approved or put into effect in any special way.

The employer and employee approve the agreement by affixing signatures and seals (if any) on each copy of the document. Thus, they agree to the terms and conditions stated therein. If one of the parties refuses to sign the agreement, then it cannot be put into effect unilaterally.

In addition, in some organizations, the personnel department, on the instructions of the head of the company, can issue an order approving changes that introduce additional agreements into concluded contracts. They are usually necessary to issue instructions for the necessary actions to be taken after all agreements have been completed.

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

Sample additional agreement

Download in Word format.

What should the agreement contain?

Conventionally, the additional agreement can be divided into three parts: the preamble, the text part and the final provisions. At the same time, any number of conditions affecting the specific agreement to which the document is being drawn up can be included in the text part.

The preamble is the introductory part of the agreement. It contains briefly and precisely expressed conditions under which it is concluded. It is here that the legal grounds on which the terms of the main agreement are changed are specifically spelled out.

The preamble must indicate:

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

The agreement must indicate exactly as many parties as there are in the contract. This is very important, because otherwise the agreement will be declared invalid and the changes made will simply be illegal.

The same part of the document indicates the date from which the agreement begins to operate - as a rule, this is the date the document is executed.

Finally, the preamble should indicate:

• The legislative act on the basis of which changes are made;
• Information about the concluded main employment contract.

The next part of the agreement is the body text. It must indicate all the provisions and points that this agreement changes. These conditions must be reached through negotiations between the parties.

All changes that can be made to an employment contract are divided into two groups:

• Changing the terms of the contract;
• Addition to the terms of the agreement.

Any number of such points can be specified in the agreement, the main thing is that the changes being made are described in as much detail as possible.

In the event that any clause or phrase needs to be excluded from the contract, you need to indicate as precisely as possible:

• Number of the clause of the original contract where changes are made;
• The phrase that needs to be deleted or with which this text needs to be replaced.

If any numbers are replaced - one by another, then it is also necessary to indicate as fully as possible where the old ones are located, to provide both their and new values. However, only the Arabic script is used to express them.

The final part of the agreement must include the details of each party:

• For the company - full name, INN, KPP, OGRN codes, location address, bank details;
• For the employee - full name, information about an identity document, residential address.

Attention! In addition to signatures and seals, a mandatory condition 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.