Labor law in the Russian Federation is an example of an industry that is characterized by a sufficiently high level of regulation in the aspect of regulatory legislation. The procedures within which legal relations can be carried out with the participation of the employer and the employee, in some cases require adjustments to the provisions of the employment contract. What are the legal ways to make them?
When and how are employment contracts supplemented?
An employment contract, as you know, is a document confirming an agreement between an employer and an employee that defines working conditions, salaries, and other aspects of the interaction between the two parties. In the general case, adjustments to the once agreed clauses of the contract should not occur. At the same time, the labor legislation of the Russian Federation provides for options in which it may be necessary to approve an additional agreement to the employment contract.
For what purpose is it created? The fact is that the labor contract as an independent document, in accordance with the general rule, is not adjusted. At the same time, there is a fairly popular and logical scenario, within the framework of which a legal change of its points is possible. The point is to draw up the very additional agreement to the employment contract.
Change Factors
There can be quite a lot of reasons for compiling it. For example, transferring an employee to another position or to another company, changing technological processes in the workplace, which predetermine different working conditions for people working in the company. Another option is that an additional agreement to the employment contract can be drawn up if there is a change of ownership of the enterprise, or there has been a reorganization of the company. The most important nuance: changing the terms of the contract between the employer and the employee is possible only if both parties express mutual agreement on the relevant amendments. Exceptions are spelled out in the TC in Articles 72.1 and 72.2.
What kind of changes can be the subject of a new contract? A fairly frequent reason to draw up amendments to the labor contract is the new salary conditions. Another option is changes related to the nature of the functions performed by employees. Another possible reason for making adjustments to the employment contract is a change in working hours.
Additional agreement
The legal regulations regarding the execution of an additional agreement to an employment contract contain a provision on the need to sign this type of document in writing. As soon as the relevant contract is signed, it becomes part of the main document, drawn up in accordance with the norms of the Labor Code. The written form for concluding an additional agreement to an employment contract, as noted by lawyers, is also important from the point of view of consolidating the provisions reached during an agreement between an employer and an employee in an understandable form for both parties.
Limited space for employer maneuvers
The document, which supplements the labor contract, if we follow the logic of the labor legislation of the Russian Federation, is designed to more fully satisfy the interests of the employee.This can be seen, in particular, on the example of the norm that we have already indicated above: on the inadmissibility of imposing conditions by the employer unilaterally.
The employee and the company must reach agreement on all key points of the supplementary agreement to the employment contract. Moreover, the initiative to amend the terms of the contract may come from both parties and at any time during the implementation of labor relations.
Features of completing an additional agreement
If the initiator of the supplementary agreement to the labor contract on changing working conditions is the employer, then he must notify employees that appropriate adjustments will be made to the contracts at least two months before the innovations.
Above, we identified the possible reasons for the need to sign the corresponding document. Their legislator prescribes fixing directly in the contract. As a rule, the standard model of an additional agreement to an employment contract includes the relevant provisions reflecting the reasons for its signing in the preamble. Although, of course, this type of wording can also be reflected in the terms of the contract.
Using an additional agreement, the employer company and the employee, as a rule, change only part of the terms of the main employment contract. However, this fact, as noted by lawyers, must be noted in one of the paragraphs of the corresponding document.
We will study in more detail how a sample of an additional agreement to an employment contract may look like.
Addendum Structure
First of all, it is necessary to correctly indicate the name of the contract. As noted by lawyers, the essence of the document in question is the replacement of certain points in the employment contract. Therefore, the optimal name may sound like an “agreement to change conditions.” Although, as many analysts believe, such a wording as an “additional agreement” is acceptable if the content of the document involves the reflection of new information not recorded in the previous employment contract. There are no strict criteria here, the main thing is that the text should be traced to corrections (through changes or additions to the main labor contract).
As for the content of the preamble, lawyers recommend making it the same as in the main contract. Please note that if additional agreements have been previously concluded, it is necessary to refer to them. If not, the preamble will be standard. Consider the one that will contain the simplest example of an additional agreement. There is no employment contract ever adjusted in this scheme.
Preamble
The simplest preamble will look like this: “An LLC such and such in the person of a director with such and such a full name acting on the basis of such and such constituent document, on the one hand, and an employee of such and such, on the other, have concluded the agreement as follows .. . ".
However, if it is necessary to make reference to an employment contract, the preamble may look somewhat different. Something like this: “An LLC such and such, represented by a director with such and such name, acting on the basis of such and such a document, and an employee of such and such, named in the employment contract from such and such number with such and such number, have concluded the agreement as follows ... ". Another option: “An LLC such and such, represented by a director with such a name, acting on the basis of such a document, referred to as the“ Employer ”, on the one hand, and a citizen of such and such, called the“ Employer ”, on the other, entered into an agreement to the agreement from such and such a number with such and such a number as follows ... ".
We fix the reasons for the changes
Further, lawyers recommend fixing the reasons for the introduction of adjustments to the employment contract by drawing up an additional agreement to it. How can this be done? According to experts, they can be identified already in the preamble.Take a sample of an additional agreement to the salary change labor agreement. In this case, the preamble may look like this: “An LLC such and such, represented by a director with such a full name, acting on the basis of such a document, called the“ Employer ”, on the one hand, and a citizen such and such, called the“ Employee ”, on the other hand, in order to encourage the “Worker” who has achieved high results in work, they have agreed that changes will be made to the labor contract from such and such a number to reflect the increase in salary. ” This preamble (a model of an additional agreement to the salary change agreement is presented below), thus, reflects the merits of the employee, which became the reason for the salary increase.
At the same time, a variant is possible in which it will be more convenient for the personnel service of the employing company to make the appropriate wording in the main text of the document. In this case, the preamble of the supplementary agreement to the salary change contract will be standard. And immediately after it, items are listed that reflect changes in the main contract, one of which is one that contains provisions on changes in salaries.
Agreement Requirements
The execution of an additional agreement to the labor contract on changing the salary and other working conditions, according to lawyers, must meet a number of criteria that reflect the quality and correctness of the algorithm for compiling the corresponding document. What should the HR service pay attention to first of all?
First of all, experts recommend drafting a document sequentially, correctly reflecting all relevant points in it. So, for example, you should not reflect the amendments in the 4th paragraph of the employment contract at the beginning of the agreement, and after a few paragraphs in the 1st. You need to do the opposite.
The following nuance: changes should be fixed subject to mandatory specification of the clauses of the main contract. Also, if amendments to the terminology of an employment contract are not expected (for example, the phrase “official salary” will not be changed to “average monthly wage”), then in both documents the corresponding term should sound the same.
If we are talking about adjusting numbers that reflect, as an option, the size of the salary, then, making changes to them, it is recommended to use the term "numbers". For example, “in a paragraph such and such a figure of 5000 is replaced by 12,000.”
In turn, when it comes to supplementing the terms of the employment contract, and not about adjustments, the requirements for the agreement may be different. In particular, it is entirely possible that the rules on the conformity of clauses will not have to be respected, since the relevant provisions may not be in the main labor contract. For example, those related to combining posts.
A little later we will consider examples of drawing up additional agreements with adjustments and without them.
Additional agreement and its annex
A variant is possible in which the personnel officer, drawing up a change in the employment contract, will use the additional agreement as one of several tools for adjusting the terms of the contract. That is, the corresponding document can be supplemented, say, by the execution of an updated labor contract as an annex to the additional agreement. When is this practiced?
Such measures are resorted to when upcoming changes reflected in an additional agreement involve working with a very large number of wordings, paragraphs, sections, paragraphs. For example, a model of an additional agreement to an employment contract on the transfer of a person from one position in a company to another, or for example, on internal combination, may be accompanied by a change in the name of the vacancy, the name of the company structure, the rights and obligations of the employee in the new position, etc.In this case, in fact, it is necessary as an application to draw up an employment contract with adjustments.
In the text of the agreement, experts advise fixing the wording, which may sound something like this: “In order to facilitate understanding of the new provisions of the employment contract, the printout of the latter is carried out in the form of a separate document, which contains changes due to this agreement, and which is an appendix.” It is important at the same time that the copy of the old labor contract has a note stating that from such a date the text of the contract is used with adjustments, which are confirmed by an additional agreement from such and such a date.
When signing an additional agreement to an internal combination employment contract, as in the example under consideration, or for other reasons for concluding a corresponding contract, it is advisable to indicate that the document only corrects some of the provisions of the main labor contract. Other points remain unchanged - this should be emphasized at the very end of the supplementary agreement. The wording may look like this: "the terms of the employment contract that are not affected by this agreement do not change."
At the end of the document we fix that it is an integral component of the main labor contract from such and such a number with such and such a number. In addition, it is necessary to enter (again, below) the standard provision that the agreement is drawn up in two copies - for the employer and the employee. And we note that it comes into force on such and such a date.
Additional agreement without adjustments to the main contract: sample
Consider another example of an additional agreement to an employment contract - a combination of posts. In this case, probably, no adjustments to the main contract are required.
To begin with, as we have already defined above, we write the name:
Supplementary agreement to amend certain conditions of the employment contract
dated February 15, 2010 No. 150.
Next, you can specify the city (as is done in many other agreements):
Moscow.
Next, indicate the date when the agreement is signed:
February 20, 2010.
So first the preamble:
"LLC" Honorary Worker "in the person of Director Ivanov Peter Sidorovich, acting on the basis of the Charter, called the" Employer ", on the one hand, and Vladimir Andreevich Fedorov, called the" Worker ", on the other, concluded an agreement as follows."
Next is the main text of the contract:
- The employer instructs, and the employee is obliged to carry out, along with the functions stipulated by the labor contract of February 15, 2010 No. 150, by combining the positions of the position “programmer” in the amount established by job description No. 200 of February 17, 2010 during the established the duration of the employee's shift.
- The term for completing work by combining posts in accordance with this agreement is from February 25, 2010 to March 30, 2011.
- For additional work as a “programmer”, the Employer makes payments to the Employee at the rate of 1200 rubles for each work shift within the combination period.
Next, we fix the provisions that we mentioned above, that is, we mention that the other conditions of the employment contract are not affected, that the document is drawn up in two copies, and that it comes into force on such and such a date.
In turn, the drawing up, for example, of an additional agreement to an employment contract on extending the term for a person to perform work in his current position under a fixed-term contract can also be carried out within the framework of algorithms implying the inclusion of new provisions not provided for in the main contract. For example:
“To consider the employment contract dated February 15, 2010 No. 150 as concluded for an indefinite period.”
At the same time, as some experts note, it may be necessary to issue a manager’s order that a person has now formalized labor relations with the employer in all positions for an indefinite period. This is the question of possible additional documents to the agreement.
Additional agreement with adjustments to the main contract: sample
Now let's look at an example where the clauses of the main contract are adjusted in the document.
Let the title and preamble to the contract remain the same. However, the text of the agreement will be different. For example, we will talk about changing the duration of the working week for a short period of time. In this case, the following provisions may be present in the text of the contract:
- Set out clause 3.5. labor contract dated 02.15.2010, No. 150 as amended: “An employee is assigned a workweek lasting 30 hours from the period from February 25, 2010 to March 30, 2011.”
- Supplement clause 4.2 of the employment contract dated 02.15.2010 No. 150 with the proposal: “Remuneration is proportional to the time during which the employee fulfills his duties.”
The following are standard wording.
These are approximately the criteria for drawing up an additional agreement to an employment contract with a director, specialist, manager — any official, since the provisions of the Labor Code of the Russian Federation are almost the same for all professions and levels of business management.
