04.04.2018, 19:30

Labor law standards allow after conclusion labor agreement make changes to it. The frequency of changes and their frequency are not regulated by law. The procedure is completed according to the rules applicable to the original contract. The innovations are fixed in the additional agreement to employment contract about changing the position or a form for changing the current version of the contract. The document is signed by the head of the enterprise and the hired employee.

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 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. Translation individual to branches located and registered in other areas.

Procedure for drawing up an additional agreement

The initiative to introduce labor relations into current agreements between participants can come from both the employer and the employee himself. The decision on the need to update or supplement the current version of the contract can be made on the basis of oral requests or a written statement. If a written format is chosen, then the document indicates the rationale for the need to make adjustments to the contract, the nature of the innovations and the expected date for their entry into force.

When an employee submits an application about his desire to transfer to a position with a different set of functional responsibilities It is recommended to register the document and assign it an incoming number. If both parties agree to take actions that cause a change in working conditions, an additional agreement to the current employment contract must be drawn up. If an employee approached the head of the enterprise with an initiative affecting working relationships, in writing, then the answer must be in writing (reply letter or affixing the director’s visa on the application).

There are no statutory deadlines for updating the content of an employment contract. Additional agreements to it can be drawn up throughout the entire period of validity of the document. All completed and signed additional agreements become an integral element of the original agreement. The transition of an employee to another full-time position must be supported by the following actions:

• the text of the additional agreement to the employment contract is drawn up, the form is signed by all interested parties;
• issuing an order (using your own template or standard form No. T-5);
• entering records of transfers into the sheets of the work book;
• updating information by the HR department about the position held by an individual in a personal card.

All information about the transfer and the text of the order must be communicated to the employee who is directly affected by the innovations being implemented. Confirmation that the employee was familiar with the upcoming changes is the personal signature of the individual under the text of the order and on the personal card. The justification for making entries in the sheets of the work book is the signed and registered order for the transfer by the manager. The document must indicate the date of entry into force of the innovations (the date of the actual start of the performance of official duties for another functionality).

You can order a set of 100 sample documents from the package by email. Additional agreement to the agreement on change of position standard. Below is a sample of an additional agreement on changing an employee’s position. Sample additional agreement for combining positions. If you find an error, please highlight a piece of text and. When a vacancy appears in a company, the job may be assigned to another employee. So, an additional agreement to the employment contract on changes

Form of supplementary agreement to the employment contract on change of position. Additional agreement to the employment contract on changes. Agreement to amend the employment contract. Samara February 01, 2010 We will provide several more samples in the format. For completion extra work According to the position of HR Inspector, the employee is given a monthly salary. Additional agreement on changing the contract amount sample

The additional agreement will come into force on the day when changes are made to the regular one. Sample additional agreement to an employment contract. Please rate this sample agreement and VOTE yes. The article will discuss changing the position in the employment contract and transferring the employee to a new work position. Labor Code RF form 1 form 2. Sample of an additional agreement to the employment contract on salary changes. Conclusion of an additional agreement to the employment contract to change the position, place of work and payment

The page provides a sample form of the document Additional agreement to the employment contract on the transfer of an employee to another position with a change. Any change to the working conditions previously agreed upon in the employment contract. As the title, write “About changes to the employment contract” in the version of the additional agreement. In this case, the title of the position will remain the same, but labor. Sample of an additional agreement to an employment contract regarding a change in position. In such a situation, in addition, an additional agreement is drawn up to change the price, so. Additional agreement to the employment contract on changing positions

Additional agreement on changing the employee’s salary. Sample resume for a student without work experience for a position. There must be an additional agreement to the employment contract regarding transfer to another position. Additional agreements on salary changes. The procedure is as follows: 1. An additional agreement is a local act that consolidates the will of the parties to labor relations regarding changes. Sample additional agreement on changing a position to an employment contract, tax return sample, questionnaire for

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:

1. The employee's salary level has changed,
2. The term of the employment agreement has expired,
3. Changed professional requirements to the employee,
4. The company has changed its address,
5. Other.
6. Let's take a closer look at some of them.
7. 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 ...”. Next comes full text item indicating the new expiration time. 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 wages 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, upon admission to 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 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.

To change a position on staff, you need to follow a certain procedure. Deviation from it faces serious legal consequences. Let's look at the order in which to make adjustments and which documents you need to download.

In the article

How to rename positions: procedure

First of all, it is necessary to determine the procedure for changing the names of positions on staff. Employees are hired for positions specified in the staffing table with established salaries. Unlike other local regulations, the staffing regulations do not relate to job responsibilities, so there is no need to familiarize employees with them on receipt.

The organization has the right to use the unified form No. T-3 or develop the document form independently. Regardless of the form, the names of positions and structural divisions must be included in the content of the document.

Attention! A discrepancy between the job title in the staffing table and in the employment contract concluded with an employee is regarded as a violation of Article 57 of the Labor Code of the Russian Federation. This may entail administrative liability (5.27 Code of Administrative Offenses of the Russian Federation).

Changing positions in the staffing table is carried out in compliance with certain features. The order of the procedure directly depends on the legal qualification of the current situation. Sometimes it is worth following the procedure for reducing a position on staff. Wrong choice option will lead to a violation of current labor laws.

how to make changes to the staffing table

From the article you will learn how often you can make changes, in what sequence, what to do if the changes are mass character, what documents need to be completed along with making changes to the staff.

Changing the name of a position in the staffing table

Renaming a position in the staffing table: the procedure depends on the basis on which it was required, the reasons may be different, these include:

• correction of technical errors or discrepancies in the name specified in the employment contract with the employee;
• changing only the job title without making changes to the content of the work performed;
• change of name by decision of the company’s management in connection with substantive and/or organizational changes that are being carried out in the division, and so on.

In order to make the right adjustments, it is necessary to determine the legal qualification of the relevant changes in terms of the impact on the legal relationship with the employee; to do this, you need to determine what situation is taking place:

1. There is no legal significance for labor relations, for example, the position is vacant.
2. It is necessary to change the terms of the current employment contract without making adjustments to the labor function.
3. Provide translation.

Making changes to the staffing table is within the authority of the employer (letter of Rostrud dated March 22, 2012 No. 428-6-1). In the first version this is implemented in pure form. In other options, changing the position in the staffing table, the procedure includes the issuance of orders for personnel, preparation and execution of a number of documents. Next, we will consider the procedure for making changes and the employer’s options in each specific situation.

★ The HR System expert will tell you how to indicate the names of positions and professions when drawing up the staffing table

From the article you will learn how to enter the name of a position in the staff, how to determine the name of the position, and what documents to use for this.

How to add a new position to the staffing table

Let's look at how to enter new position to the staffing table or change the name, what documents to prepare for this, whether it is necessary to indicate the position code, the corresponding abbreviations. It should be noted that the traditional procedure applies in both cases:

• preparing a draft order for amendments, a new edition of the staff;
• endorse the project from the manager;
• issue an order for the project with signing and registration.

Approve new edition staffing is sufficient only when the position being changed is a vacant one or its name is brought into line with the concluded employment contract. In other cases, the list of actions is expanded or changed.

★ An expert from the magazine “Personnel Business” will tell you

From the article you will learn when an employer should name positions according to professional standards. What is considered a restriction related to the job title? How to rename a position without the employee’s consent.

How to add a position to the staffing table

The introduction of a new position into the staffing table consists of organizational measures and documentation:

• determine the need to add a staff unit;
• collect statistics on the workload of a specialist;
• based on labor costs, adjust the standards for the functions performed;
• draw up a memo addressed to the manager and include in it justifications that allow you to enter a staff unit into the staffing table;
• Attach a draft job description to the note.

The leader issues an order. The staffing table is being adjusted. If the changes are widespread, it is rational to prepare and approve a new staff. The document comes into force on the date specified in the order for its approval.

Order to amend the staffing table. Introduction of a new position

What to do if you need to change your position: procedure

Let's consider whether it is possible to rename a position in the staffing table without changing the employee's responsibilities. This option is possible. It must be taken into account that in this case an additional agreement is concluded to the previously executed employment contract (Article 72 of the Labor Code of the Russian Federation). Taking into account paragraph one of Article 74 of the Labor Code of the Russian Federation, the employer has the right to unilaterally make appropriate changes by sending a written notice to the employee two months before making the changes. IN work book the employee makes the necessary entry with reference to the order. But changes are made in this order only if the labor function remains the same.

What documents should I fill out if not only the job title changes, but also the job responsibilities?

To do this you need to carry out the following procedure:

• add a position with a different name to the staff;
• conclude an additional agreement with the employee to the employment contract on transfer to a new position. This can only be done with the consent of the employee;
• make the necessary entry in the work book;
• remove the previous position from the staff list.

It must be taken into account that a position cannot be excluded from the staff as long as it is occupied. When job functions change with a change in job title, a transfer is carried out. The previous staffing position is being excluded.

From the article you will learn how to enter all the information without errors. Is it necessary to indicate the positions of temporary or seasonal employees in the staffing table? Is it necessary to include home-based workers in the organization’s staff and staffing schedule?

The procedure for renaming a position in the staffing table depends on the basis on which it was required; the reasons may be different. For example, in order to change the title of a position, the terms of the employment contract are adjusted by agreement of the parties or taking into account Article 74 of the Labor Code of the Russian Federation. When a job function changes, a transfer to a new position is formalized, with the exclusion of the previous one and the addition of a new name to the staff.

Any change to the working conditions previously agreed upon in the employment contract 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 is signed, a sample of which will be presented in the appendix to this material.

Cases of changes to the employment contract

The parties are absolutely free to choose the terms of the contract to change; the only legislative limitation is that the new conditions should not worsen the employee’s position in comparison with what conditions were guaranteed to him by the state, including the Labor Code of the Russian Federation (Article 9 of the Labor Code of the Russian Federation). If the parties nevertheless sign such an additional agreement to the employment contract, it will not be valid.

The most common cases of making changes to an employment contract are:

• changing the employee's place of work (for example, structural unit);
• adjustment of the employee’s functionality (change of position or specific assigned work);
• change in salary (salary, additional payments, allowances and other components);
• change in working time or rest time (for example, change in work schedule);
• change in the nature of work (for example, traveling or on the road);
• the amount of compensation payments upon dismissal (for example, upon dismissal of the head of the company or upon dismissal of any other employee by agreement of the parties).

How to draw up an additional agreement to an employment contract

Both the company and the employee himself can initiate changes to the employment contract - verbally 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 make changes to the work schedule established for him. 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 has changed. Changing the terms of this document will be possible in the same manner - by signing a new additional agreement.