How to add an amendment to an employment contract sample. In what cases is an additional agreement made to an employment contract?

We will determine how to draw up an additional agreement to employment contract. Here is a sample of such a document that you can rely on in 2019.

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Often, an employer needs to make changes to concluded employment contracts.

And in this case, you will have to draw up an additional agreement, which is drawn up taking into account the requirements of labor legislation.

It is very important to prepare the agreement correctly to avoid troubles in the future. Let's figure out what to pay attention to, how to formulate changes and fit them into the document.

Important points

Some companies turn to specialists who understand legal aspects to amend contracts.

But more often, HR employees do this on their own. This means that they need to know exactly all the rules for writing an additional agreement. Let's try to figure them out.

What you need to know

The initiators of amendments to the employment contract can be both employers and employees.

In the first case, it is necessary to notify the employee that the terms of the contract will be changed in 2 months. They not only prescribe changes, but also provide links to the Technical Code.

The company's management needs to not only follow a number of procedures, but also formalize them correctly. In an employment contract that is concluded in writing, changes must also be made in writing.

Make up 2 copies of the additional agreement, which is signed by each party. One copy must be given to the employee under.

It is not always necessary to draw up an additional agreement. If the payment details, address, management of the company, or the address of the employee change, then there is no need to draw up such a document.

Sometimes a simple statement from an employee is enough, on the basis of which an order will be prepared.

When putting signatures on an agreement, do not use a facsimile or electronic signature, since the rules apply are not , but .

Purpose of the document

There are several reasons for changing employment contracts. This need arises if:

The employee may refuse the proposed options for continuing the employment relationship.

In this situation, the contract will be terminated subject to the conditions.

But if an employee is transferred due to the need to eliminate the consequences of a natural disaster, then the employee’s consent is not required.

Additional agreements of this kind are often signed:

With the help of this document, changes are made to the main agreement. This means that it becomes an integral part of it.

It can be signed simultaneously with the conclusion of the contract or later. The procedure for writing an agreement is the same for employees working under patents.

Legal standards

Any amendments to the contract are made subject to the rules. The agreement should be certified by following the instructions.

Form of additional agreement to the employment contract

The legislation does not establish a universal form of additional agreement. Therefore, companies develop it themselves.

The main thing to remember when preparing is that the structure and styles of presentation should be similar to those reflected in the employment contract.

Procedure for filling out the form

It is worth paying attention to:

shape;
preamble;
text;
final position.

There are many forms of additional agreements that will be drawn up according to different rules.

The most common ones are used for:

transfer to another job;
fulfillment of the employee’s labor obligations, which is temporarily absent from the company;
transfer to another position;
changing operating conditions.

For example, when drawing up an agreement on the assignment of additional obligations, it is worth indicating:

in the preamble - the name and details of the document, also provide a link to the law (), date;
the text specifies the obligations and rights of each party, conditions;
Next comes the details of the employee and the company.

The preamble is the introductory part, which sets out the brief and precise conditions for preparing the document.

The basis for performing actions is reflected. In the preamble they write:

the place where the document is drawn up;
Full name of the persons who are parties to the agreement;
job title.

The preamble must contain information about each party that is specified in the main contract. Otherwise, the agreement becomes invalid.

The day on which the document comes into force is considered the day on which it is signed. The basis for compilation is confirmed by reference to a local or legislative act.

The preamble also contains a reflection of the serial number to which the additional agreement is drawn up.

It reflects the points that relate to the agreement reached during negotiations. Here they make a reference to the section of the contract that is being supplemented or changed.

The final part contains information about:

Company details	Name, INN, OGRN, current account, BIC, address, zip code, contacts
Details from the employee	Full name, passport information, address, zip code, contacts

General rules:

If necessary, change a clause from the employment contract	Reflects which item is subject to adjustment
Corrected information is prescribed	Words, phrases
When replacing numbers they reflect	Where are they located? It is mandatory to use Arabic numerals
Changes are not made if the structural units of the employment contract are not specified	They specify where exactly the changes are made - in what section and paragraph of the document
If the terms of the employment contract remain	And they are supplemented with new ones, a new edition of points is given
If the employment agreement is structured into sections	Each of which has points, adding a new point, the numbering continues
If you need to change positions	Corrected after the additional agreement has been written, changes are made only to the employment contract. Additional agreements do not fix
It must be clearly stated	What data should be completely excluded rather than invalidated?

In this case, it is worth drawing up an application in the form of an agreement with amendments. The specifics of the entry into force of the additional agreement are also indicated.

For what purpose is it formed?

The rules for writing an additional agreement are similar for both a teacher and a simple factory worker. Let's consider the features of document formation under certain circumstances.

About changing conditions

Typically, the desire to make changes to the terms of the employment contract is identified by the employer.

As when transferring a specialist to another job, you need to obtain the employee’s consent, while observing a number of rules.

So, if wages change, management should take into account that earnings cannot be less than the minimum wage, which was established by legislative norms.

Payment conditions should not worsen the situation of workers. The following conditions may change:

changes, as a result of which employees or staff numbers are reduced, and employees may be transferred to another position;
adjustments are made to the conditions regarding remuneration;
the salary supplement is established, increased or decreased;
the mode of operation or its nature changes, etc.

The parties have the right to adjust the provisions of the employment contract only in a specific case, if the previous conditions cannot remain between the employer and employee due to changes in the organizational plan.

This rule does not apply to changes in the labor functions of personnel. If a dispute arises, the company's management will have to prove that the previously agreed conditions cannot be maintained.

The employee is notified of any change 2 months in advance. Changes to employment contracts are often made with the help of one additional agreement.

About extending the deadline

Is it possible to extend an employment contract with an additional agreement? In many companies, employees write statements expressing their consent to extend the term of their employment contract.

Then an additional agreement is concluded between the parties, which stipulates a change in the terms of the main document.

The agreement will become the basis for issuing an order to extend the employment contract.

It happens that effective fixed-term contracts include a provision for a possible extension when the employee writes an application.

And managers, apart from additional agreements, no longer fill out any documentation.

If a company is interested in long-term cooperation with an employee, then there will be no need for other documents.

It is enough just not to terminate the relationship with the employee within the agreed time frame, and the contract will be considered concluded for an indefinite period ().

notify the employee that the employment agreement is terminated;
familiarize the employee with the order;
calculate the amount;
are engaged in registration;
make an entry in .

About employee transfer

The initiators can be both employers and employees themselves. If it is expected permanent translation for another job in the same company, management makes an appropriate proposal.

Its shape will be arbitrary. The basis for the transfer (if the initiator is an employee) is an application and additional agreement to the employment contract.

Transfer to a permanent job in another location with a company involves a transfer to fulfill labor obligations with the same employer outside the locality, which is specified in the employment agreement.

In the case where the contract already stipulates the need to change the place of work, the employee’s movements will not be defined as a transfer.

And the employee’s consent is not required. When the employee refuses the transfer together with the company, the contract should be terminated (clause 9, part 1, article 77 of the Labor Code).

The employee may be transferred to another employer. Then the employment contract concluded with the previous enterprise terminates.

A new contract is drawn up, in which working conditions with the new company are agreed upon. Temporary transfer is discussed in.

A temporary employee can be transferred based on an agreement, which is drawn up in writing.

The document will specify the conditions for changing the position, structural unit, changes in payment for work, mode, period.

Based on the agreement, management will issue . There is no need to make entries in work books.

The maximum duration of temporary transfer is 1 year. A person may be temporarily transferred to replace an employee who is absent from the workplace (until he leaves).

The agreement specifies the exact period during which the employee will fulfill obligations that were not established by the employment contract.

If the parties have drawn up an agreement and the terms in it regarding temporary work become invalid, the employee cannot be transferred to his previous place of work if he is against it.

In this situation, an additional agreement is drawn up, which stipulates the permanent nature of the transfer.

The employer will then issue an order stating that the nature of the temporary transfer will no longer be valid. They also make an entry in the work book, indicating the date of transfer.

If an employee is transferred to another job and the initiator is the employer, consent is not required under the following circumstances:

There has been an accident;
there was an accident at work;
natural disaster;
fire;
earthquake, etc.

In all other cases, the transfer can be carried out with the consent of the parties. A temporary transfer, when initiated by the employer, lasts no more than a month.

The employee must retain his previous salary if new position earnings are lower. If the payment is higher, the employee has the right to receive it during the transfer.

About changing the salary amount

The salary amount is always specified in the employment plan agreement. If it changes, it is worth signing an additional agreement.

Such an agreement will confirm that the change in the payment terms occurred in the free will of the parties.

Any bonus, allowance or other payment is not permanent income, which means that their changes are not specified in the document.

Sometimes the salary is reduced, for example, if the financial situation is unstable. And in this case, it is also necessary to sign an additional agreement, since we are talking about changing an essential condition.

The employee must be notified of any upcoming amendments to the contract. Without drawing up an additional agreement, employers do not have the right to reduce wages.

When wages are reduced, work obligations are also reduced or work time. The agreement specifies the date on which changes to the terms and conditions will come into force.

The procedure for increasing salaries will be as follows:

If labor Relations remain the same, the document sets out a new salary provision.

The additional agreement will come into force on the day when changes are made to the staffing table. The employer is obliged to draw up an additional agreement. Prepare 2 copies.

About combination

Employers are not always ready to hire a new person to fulfill obligations if the company has an employee who can complete the assigned tasks.

That is, the company’s management prefers to entrust certain responsibilities to a part-time employee. In this situation, there is no need to draw up a second employment contract.

The optimal solution is to draw up an additional agreement to the employment contract, which spells out the most important provisions - on admission to work, on payment of additional earnings, etc.

When changing your last name

When changing a surname, a citizen will have to make changes to personal data ().

Personnel documentation must also be corrected. Amendments to the employment contract are stated in.

When changing the surname, they do not supplement the employment contract, but change the relevant information about the employee. To make changes, you must provide documents confirming the change in data.

The employee will also have to write a statement with a corresponding request. Prepare the form.

As in other cases, an order is drawn up, which will serve as the basis for writing an additional agreement.

The document will concern only that part of the contract that reflects the employee’s full name. Repeat the paragraph of the main document, writing down the changed surname.

Is it possible to cancel the additional agreement?

To cancel the current agreement, a new additional agreement is drawn up for this purpose. The document is assigned serial number, the date and place of preparation of the form is indicated.

The preamble reflects the same information as the document being canceled if there have been no previous changes in the title.

When writing down the subject of the agreement, indicate the output information of the document being canceled, the fact of its cancellation and the time frame when such changes should come into force.

Example document

Here are some examples of a drafted additional agreement.

The question of how to reduce costs, including saving on wages, is asked by many employers. Sometimes they are forced to reduce salaries and other benefits to employees, and sometimes increase them. In any of these two situations, it becomes necessary to draw up an additional agreement. In this article we will look in detail at how to correctly draw up an additional agreement to an employment contract in 2018 in order to change the amount of remuneration.

How to register changes in wages

An increase in wages can only please employees, but a decrease in wages can cause some negativity and even provoke conflict situations between the employer and staff. This may lead to a refusal to sign a document reflecting a change in wages.

To organize personnel records in a company, beginner HR officers and accountants are perfectly suited to the author’s course by Olga Likina (accountant M.Video management) ⇓

Change of salary by decision of the employer

The salary amount can be changed by decision of the manager only in two cases. If organizational working conditions or technological conditions have changed. For example, the organizational structure of the enterprise has changed, or the technological processes of production have been modernized. In this case, the law allows you to change the terms of payment unilaterally.

You can compose a notification in any form, but it must contain some mandatory information:

Reasons for salary changes;
New salary size;
The date from which the new salary will be established;
Notice of the right to refuse new working conditions and vacant positions to replace the existing one;
Notice that refusal to accept new conditions of employment or another position will result in his dismissal,

Positions that can be offered to an employee can be either lower-ranking or lower-paid.

Important! If an employee refuses new working conditions and proposed vacant positions, he is fired. In this case, the employee is paid severance pay in the amount of two weeks' average earnings.

It is important that the employee receives the notification personally. If he refuses to do this, you need to draw up a statement of the employee’s refusal in the presence of 2-3 witnesses. The drawn up act is read to the employee and from the date of its preparation a two-month period will be calculated.

Important! A change in an employee's salary will entail a change in the staffing table.

If the employee agrees to work under the new working conditions, it is necessary to draw up and sign an additional agreement with him and issue an order to change the salary. Such an order can be drawn up in free form, the main thing is that the employee is familiar with it, which must be signed in the order.

If the employee disagrees with either the new conditions or the transfer to vacant positions, he is dismissed on the basis of clause 7 of part one of Article 77 of the Labor Code of the Russian Federation, that is, “on the basis of the employee’s refusal to continue working in connection with a change in the terms of the employment contract determined by the parties.”

If there is no need to notify the employee, then you can simply draw up memo. It is compiled by the head of the department or manager. In this case, an additional agreement is drawn up and an order is issued to change the employee’s salary.

Important! There is no need to notify the employee about a change in salary if the additional agreement is drawn up with the mutual consent of the two parties.

Sample additional agreement

If changes in the company, for example in wages, are quite common, then you can develop a sample additional agreement that is attached to the wage regulations.

It is important that the additional agreement on salary changes indicates the size of the new salary, that is, indicate that the size of the salary depends, for example, on some variable factors or is set in accordance with staffing table it is forbidden. This is a direct violation of labor laws, which can lead the employer to administrative liability.

Below is a sample additional agreement to an employment contract.

Change in salary with an increase in the minimum wage

The wages of those employees, the amount of which is set as the minimum possible, that is, from the minimum wage, is subject to change with an increase in this indicator. Changes to the employment contract with such employees are made when the new minimum wage. Changes are also recorded in an additional agreement to the contract with the employee.

Additional agreement to the employment contract

An additional agreement is concluded in the same manner as the employment contract itself. In this case, the additional agreement must contain the details of the amended employment contract. The agreement number is assigned its own number and does not depend on the contract number, but on how the account is drawn up, for example, 1, 2 or 3. As in the contract, the agreement should indicate the full name of the employee and the employer, or rather his representative.

The main text of the agreement must contain information about the new salary, its Exact size and the date on which the new salary will take effect. The agreement is drawn up in two copies, each of which is signed by both the employee and the employer. If the organization has a seal, then the agreement should be certified with it.

One copy of the agreement is given to the employee, about which a corresponding note is made, and the second is kept in the employer’s organization.

The legislative framework

Answers to common questions

Question: Is it necessary to notify an employee two months in advance of a salary change if this is done by mutual agreement and not by the sole decision of the director?

Answer: No. You can sign a new payment agreement immediately. A two-month notice is required only if the decision to change the salary is made by the employer alone.

IN modern conditions employers have to make changes to the employment contract quite often. In some cases, the Labor Code obliges to conclude such an agreement. Therefore, it is important to treat the preparation of an additional agreement with full responsibility. Our article will help you decide on the design of the agreement and the wording necessary changes or additions.

The initiator of changes to the employment contract can be not only the employer, but also the employee. If the employer initiates, it should be remembered that he must notify employees of changes in the terms of the employment contract at least two months before the upcoming changes (for example, when changing wages, working hours or the nature of work). But it is important for the employer not only to comply mandatory procedures, but also to arrange them correctly.
Samples of additional agreements:

Additional agreement to the employment contract on changing the working hours

We draw up the preamble of the agreement

So, first of all, let's determine the name of the agreement. Since replacing the provisions of the employment contract, words, numbers and adding clauses or articles to the text constitute a change in the text, we believe that it is best to name the agreement as follows: “Agreement to change the terms of the employment contract” or “Agreement to amend the employment contract.” However, if you prefer to title the document, for example, “Additional agreement to the employment contract,” this will not be a mistake.
Next you need to create a preamble. It is optimal if the agreement repeats the preamble of the employment contract. At the same time, it is desirable that it contains reservations regarding previously concluded contracts and agreements.
If the preamble is classic, it looks like this:

If in the preamble you want to indicate the connection with the employment contract to which changes are being made, you can give a different wording:

Limited Liability Company "Kalinka" represented by the director Ivan Petrovich Bury, acting on the basis of the charter, called the Employer, on the one hand, and Lyudmila Vasilievna Shimanskaya, hereinafter referred to as the Employee, on the other hand, entered into this agreement to the employment contract dated March 12, 2008 No. 36 about the following...

Sometimes the employer wants to record the reason for making changes to the employment contract, and sometimes he is simply obliged to do so. For example, in accordance with Art. 74 of the Labor Code of the Russian Federation, reasons associated with changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.) must be reflected in an additional agreement. Reflect this information possible both in the preamble and in the text of the agreement itself.
Here is an example of a preamble:

Limited Liability Company "Kalinka" represented by the director Ivan Petrovich Bury, acting on the basis of the charter, called the Employer, on the one hand, and Lyudmila Vasilievna Shimanskaya, hereinafter referred to as the Employee, on the other hand, satisfying the Employee's request set out in the application dated January 13 2010, we came to an agreement to introduce the following changes to the employment contract dated March 12, 2008 No. 36...

If you still do not want to overload the preamble and state the reason for making changes to the employment contract in the text of the agreement, this can be done as follows:

Limited Liability Company "Kalinka" represented by the director Ivan Petrovich Bury, acting on the basis of the charter, and Lyudmila Vasilievna Shimanskaya, referred to in the employment contract dated March 12, 2008 No. 36, respectively, as the Employer and the Employee, have entered into this agreement as follows:
1. Due to changes organizational structure Kalinka LLC and the abolition of the legal department, the following changes are made to the employment contract dated March 12, 2008 No. 36...

We draw up the text of the agreement for the employment contract

The text of the agreement is the main detail of the document. The quality of the compilation and design of the text reflects the level of professional training of the compiler and the management culture in the organization.
To ensure that the changes made are clear and understandable, you must follow the following rules:
1. Consistently state the changes indicating the article, paragraph or subparagraph to which they are introduced. This means that there is no need to make changes to the text of the agreement first, for example, to clause 7 of the employment contract, and then to clause 3. It is correct to first record the change in the third clause, and then the seventh.

2. Changes cannot be made without specifying the structural units (clause, subclause) of the employment contract. That is, when making changes to the text of the agreement, it is necessary to specifically indicate where they are being made. You cannot write: “The words “average monthly salary” should be replaced with the words “official salary.” Correct: “In paragraph 3.2, the words “average monthly salary” should be replaced with the words “official salary.”

3. When changing numbers in an agreement, you must use the term “numbers”. For example:

In clause 3.5, replace the numbers “9000” with the numbers “11,000”.
In subclause "d" of clause 2.6, replace the numbers "5, 20" with the numbers "10, 25".

4. If you maintain the terms of the employment contract and supplement it with new ones, we recommend introducing a new edition of the supplemented structural units (clauses, subclauses, articles). To do this, you can use the following constructions:

Add clause 3.6 of the employment contract as follows: “3.6...”.
Subclause “c” of clause 5.4 shall be supplemented with a third paragraph with the following content: “...”.
The second paragraph of clause 4.4 should be supplemented with the following sentence: “...”.
Add section 3 with paragraph 3.5 as follows: “3.5...”. Clause 3.5 shall be considered clause 3.6.

The latter option is extremely undesirable, although in small organizations it is quite possible, since the personnel employee can remember which condition under which number was originally in the employment contract.

Adding and deleting phrases, formulations and words

When adding a new clause to the text of the contract, the numbering of clauses continues. For example, if the last paragraph in the employment contract is 25, then in the agreement you can write:

Add clause 26 of the employment contract as follows: "..."

If the employment contract is structured into sections and clauses are highlighted in each, when a new clause is added, the numbering within the section also continues.
Sometimes you don't need to add new sentences, paragraphs or points, but just a few words. In this case, changes can be made as follows:

Paragraph three of clause 6.2 after the words “rules of transportation” should be supplemented with the words “and passenger services”.
In the third sentence of paragraph 1.3, after the word “additional payments”, insert the word “surcharges”.

When the complementary words are at the end of the sentence, we recommend the following constructions:

Clause 3 should be supplemented with the words “before the expiration of 6 months.” Add subparagraph “b” of paragraph 12 with the following words: “and ensuring labor safety.”

If it is necessary to replace words or sentences, we suggest the following formulations:

In subclause “a” of clause 2.2, replace the word “filling” with the word “compliance” in the appropriate case.
In clause 7.2, the words “bring to financial liability” are replaced by the words “bring to disciplinary liability.”
In paragraph 4.1, replace the text after the words “other regulations” and until the end of the sentence with the words “local regulations, terms of the collective agreement.”

Clause 3.1 should be amended as follows: “For family reasons and other good reasons An employee, based on his written application, may be granted leave without pay for a period of no more than 40 days per year."
Clause 3.1 shall be amended as follows: “3.1...”.
Amend clause 3.1, stating it as follows: "...".

Sometimes HR officers have a question when making repeated changes to an employment contract: how to correctly draw up an agreement to amend the first agreement or employment contract? We answer. Changes are always made to the employment contract, so there is no point in making changes to the additional agreement.
Remember, if you set out a clause, subclause or section of an employment contract in new edition, this does not entail automatic recognition of intermediate editions as invalid, since they can be partially set forth in a new edition and each of the editions will be valid for the period of time covered by the agreement.
If it is necessary to exclude words, phrases or sentences from the text of the employment contract, indicate the specific clause, subclause or section of the contract from which they are excluded.

In clause 4.1, delete the words “travel and baggage rules”. In the second sentence of paragraph 2.5, delete the word “surcharges”.

If you plan to exclude a clause, subclause, paragraph or an entire section from the text, they must be clearly identified, and specifically excluded, and not declared invalid.

Clause 3.2 should be deleted.
Remove paragraph 2.4 from section 2.

If the exclusion of an item in a section caused a numbering failure, you can correct the situation with the following phrase in the agreement.

Clause 3.2 from section 3 should be deleted. Clauses 3.3 and 3.4 are considered clauses 3.2 and 3.3, respectively.

It happens that an employment contract is not structured and making changes to it is quite problematic. But it is still possible to do this using the following formulations:

A paragraph beginning with the words "...", after the words "...", add the words "...".
Delete from paragraph ten of the contract the sentence beginning with the words "...".
Add the following sentence to paragraph six: "...".

To better understand the text of an employment contract, sometimes it is necessary to highlight a paragraph or even a paragraph. This edit can be expressed as follows:

Select in a separate paragraph the sentence beginning with the words: “The employee has the right to complete reliable information about working conditions...”.

It happens that changes affect very a large number of paragraphs, subparagraphs and sections, for example, when transferring from one position to another, the name of the position, the name of the department, the rights and responsibilities of the employee due to the new job function, payment terms and other conditions will change. In such cases, we recommend drawing up an employment contract with the amendments as an annex to the agreement. To do this, agreements usually use the following wording: “To facilitate understanding of the terms of the employment contract, the latter is printed as a separate document with the amendments made by this agreement and is an annex to it.” In this case, it is necessary to make a note on a copy of the old employment contract: “From January 15, 2010, the text of the employment contract with the amendments made by the additional agreement dated December 30, 2009 is used.”

How to complete an agreement to change the terms of an employment contract?

Since by the additional agreement we change only some of the terms of the employment contract, the rest remain unchanged, which must be noted at the end of the additional agreement. In addition, it is necessary to fix the procedure for the entry into force of this agreement and indicate the number of copies - it must correspond to the number of copies of the employment contract.

2. The terms of the employment contract not affected by this agreement remain unchanged.
3. This agreement is an integral part of the employment contract dated March 12, 2008 No. 36.
4. This agreement is drawn up in two copies, one for each of the parties and comes into force on January 13, 2010.

Here is a sample additional agreement.

Additional agreement to the employment contract on changing the working hours (sample) (DOC 25.512 Kb)
ADDITIONAL AGREEMENT TO THE EMPLOYMENT AGREEMENT (DOC 24.512 Kb)

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When hiring a new employee, they decide on the possibility of hiring him under a civil law contract for legally to reduce the organization's tax costs and obtain other benefits. What benefits are we talking about?

The employee employment agreement specifies all the conditions that the parties agree to for the duration of its validity.

It also explains the duties and responsibilities of the employer and the person being hired.

Over time, circumstances may arise that the parties are satisfied with.

But new agreements may run counter to the terms already signed. In such cases, an additional agreement is drawn up to the contract.

When is an additional agreement to an employment contract drawn up?

Here are some cases in which it is necessary to draw up an additional agreement:

The employee's salary level has changed,
The term of the employment agreement has expired,
Professional requirements for employees have changed,
The company has changed its address,
Other.
Let's take a closer look at some of them.
The validity period has expired.

It can be like this: “from the moment of signing this agreement, clause such and such is adopted in the wording ...”. The following is the full text of the paragraph indicating the new validity period. As you can see, an additionally drawn up agreement completely cancels the validity of a specific clause of the contract and introduces new conditions in its place.

If the parties mutually refuse certain clauses, it is indicated that “the validity of clause such and such is terminated.” If the main contract was fixed-term, and the parties wished to change it to an open-ended one (“until the parties fully comply with the conditions”), then this does not contradict the law.

Increased salary, how to apply

The employment contract specifies wage which the employer undertakes to pay to the employee.

If it changes, it is also necessary to draw up an additional agreement.

The principle of drafting the wording is the same as in the case of extension. That is, the previous clause is canceled, new conditions are prescribed. The exact number must be indicated.

Additional agreement or new employment contract

Sometimes, it may be believed that it is easier to sign a new agreement than to draw up an additional one. agreement. After all, it’s enough to change a couple of numbers on the computer and print it out.

I consider it necessary to warn. To sign a new contract, you will have to terminate the old one. This means that the employee is subject to dismissal. A corresponding entry is made about this in the work book.

The employee's tenure is interrupted. In addition, when applying for the next job, you will have to explain how it happened that the employee was fired from the company, and then hired again in the same capacity (for the same position). The new employer may become suspicious and the employee may be rejected.

The preparation of additional agreements must be taken as seriously as the conclusion of the main agreement. Therefore, without a lawyer you can end up getting headache and litigation.

In addition to experienced lawyers, on our website you will find introductory samples of additional employment agreements.

Below is a standard form and a sample of an additional agreement to an employment contract, a version of which can be downloaded for free.

Any change to the working conditions previously agreed upon in the employment contract, including a change in position, is formalized in the same manner as the employment contract was concluded: in writing, certified by the signatures of the employee and the employer. The name of the document fixing the change in conditions is not regulated by law: as a rule, either an amendment to the employment contract or an additional agreement to the employment contract on changing the position is signed, a sample of which will be presented in the appendix to this material.

What is a change of position

A change in position is a transfer to another position, which entails a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works, while the company in which the employee works does not change (Article 72.1 of the Labor Code of the Russian Federation) .

There are three types of translations:

permanent or temporary change in the employee’s functionality (job by position, profession or specialty, or specific assigned work);
change in the structural unit (if it was specified in the employee’s employment contract, for example, transfer to a branch or another department);
transfer together with the company to work in another area (to another locality).

How to draw up an additional agreement to an employment contract

The initiative to amend the employment contract in terms of changing the position can be taken either by the company or by the employee himself - orally or in writing. As a rule, statements are written in writing - indicating the change being made, the reasons (justification), the nature of the change and the expected time frame. For example, an employee may declare the need to transfer him to a higher position or position with other functionality. If you submit an application, it is advisable to register it and assign the number of the incoming document.

After negotiations and agreement on the terms to be introduced, an additional agreement to the employment contract is prepared. If the employer did not agree on the condition and the employee submitted a written application, it is recommended that the response also be recorded in writing. This may be a resolution on the application or a separate response letter.
The period for making changes to the contract is not limited - this is possible throughout the entire term of the employment contract.

When an additional agreement to an employment contract is concluded, it becomes an integral part of the employment contract that it amended. Changing the terms of this document will be possible in the same manner - by signing a new additional agreement.

What documents need to be completed in addition to the additional agreement on changing the position?

The fact of a change in the employee’s position is recorded by the corresponding transfer order. You can use the unified