Notification of changes in the terms of the employment contract. Sample and Form 2021

A number of situations may lead to the introduction of adjustments to the employment contract with an employee. The person must be made aware of this. The procedure is carried out using officially approved instruments. The citizen is provided with notification of changes in the terms of the employment contract . Adjusting an agreement is not always legal. Therefore, the employee must understand the ongoing process. Experts recommend that you familiarize yourself with the sample notification, which will allow you to avoid being deceived in the future. We will talk further about the legal grounds for adjusting the terms of the contract, situations when the employer may not report the completion of an action, as well as the timing of providing notification.

Reasons for change

In total, in accordance with the Labor legislation of the Russian Federation, there are two types of reasons why legal changes can be made in the employment contract between the employer and his subordinate. The first ones are technological, i.e. when an enterprise introduces various innovations in the production process (for example, new equipment is purchased, modernization is underway, a change in activity direction occurs, etc.). But such reasons are not as common as the second type - organizational.

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Organizational reasons include a change in the name of a legal entity or its reorganization (merger or, on the contrary, fragmentation of structural divisions), “moving” of the company to another locality, and a change in the operating mode of the enterprise.

In all other cases, for example, when editing the company’s regulatory documentation (internal labor regulations, including staffing), changes made to the employment contract may be considered illegal (especially if they lead to a deterioration in the work of employees - namely In such situations, legal action most often occurs).

Example of filling out the form

Since there is no form for drawing up a notification, it is necessary to draw up a form in free form, but reflecting all the conditions described above.
At the beginning, you should indicate which company the message is coming from, reflecting the full and short names.

In the upper right part, the position of the employee to whom the document is sent and his full name are inserted.

The name of the document, the date of its preparation and the number under which it was registered in the internal correspondence record book are also inserted.

The following is a text from which the employee will be able to understand what reasons arose for making adjustments, as well as the essence of the changes being made.

This may be a correction affecting specific specialists, or the enterprise as a whole, but it is necessary to reflect which internal document became the basis for making such a decision.

This paper may be an order from superiors, an assessment of working conditions, or other significant factors.

The citizen is also notified of the consequences that the changes entail through this message, and he should be given the opportunity to familiarize himself with the acts for internal use.

At the same time, it is indicated that in case of disagreement, a person can be transferred to another job if it meets his expectations, or in the absence of such vacancies, or a categorical refusal, the employment contract will be terminated.

The legal basis is taken in the form of an article of the Labor Code of the Russian Federation, the signature of the general director or the head of the department is affixed, and the receipt of the document is personally signed by the employee whose working conditions are changing.

If it is not possible to deliver the notice to him personally, you should send it by registered mail with an inventory of the contents and notification of arrival.

It is the return of the counterfoil, which will indicate the date and time of receipt of the paper, that will assure that the person received this envelope.

If you refuse to sign a notice, a note is made and confirming testimony from witnesses is taken, after which the familiarization is still considered completed.

What changes may be

Most often, in contracts between the parties to labor relations, clauses regarding wages change, including salary, allowances, bonuses, compensation, as well as what relates to working time (for example, changes occur in the work schedule, part-time work is introduced, etc. .p.), it is also possible to change the name of the employee’s position.

However, with all this, it is completely unacceptable for the list of the employee’s main responsibilities to change (in this case, if there is a real need, the most optimal way is to transfer him to another position within the company).

Let's sum it up

Thus, changing the terms of the employment contract is permitted by mutual consent. If the employer is the initiator of innovations, he must notify the employee about this. Changes are made after receiving a positive response.

Sources

https://nalog-nalog.ru/trudovoj_dogovor/uvedomlenie_ob_izmenenii_uslovij_trudovogo_dogovora/
https://trudtk.ru/trudovoj-dogovor/uvedomlenie-ob-izmenenii-uslovij-trudovogo-dogovora-obrazec/
https://assistentus.ru/forma/uvedomlenie-ob-izmenenii-uslovij-trudovogo-dogovora/
https://ppt.ru/forms/zp/uvedomlenie-ob-izmenenii-td
https://glavny-yurist.ru/uvedomlenie-ob-izmenenii-uslovij-trudovogo-dogovora.html
https://clubtk.ru/forms/trudovoy-dogovor/kak-sostavit-uvedomleniye-ob-izmenenii-uslovii-trudovogo-dogovora
https://101million.com/personal/dogovory/uvedomlenie-ob-izmenenii.html
https://online-buhuchet.ru/uvedomlenie-ob-izmenenij-uslovij-trudovogo-dogovora/

Notification procedure

The first step to change the terms of the employment contract can be taken by both the employee and his employer. Moreover, if in the first case everything is more or less clear, management can either accept or reject the employee’s proposal, then in the second case everything is somewhat more complicated.

If management has decided to make some changes in the work of employees, it has the right to make them unilaterally.

But at the same time, it is obliged to notify subordinates about them in writing within the period established by law. The notification must indicate the reason why the changes are necessary, as well as a link to the article of the law that is directly related to them.

And only after this, information about all changes is included in the current employment contract by drawing up an additional agreement with the employee. From the day it is signed by the parties, the employee begins to perform his functions under new conditions.

Design nuances

The Labor Code of the Russian Federation provides for amendments to the employment contract both by agreement with the employee and at the initiative of the employer. In the latter case, significant circumstances are necessary, for example, a reorganization of the enterprise that makes further work in it impossible;
If an employee refuses to work under the new conditions, the manager is obliged to provide him with another position that suits him;
Notification of the employee must be made within the time limits specified by law and in a certain manner;
Notification must be in writing! Verbal notification to the employee is unacceptable;
If an agreement is reached between the parties, an additional document is drawn up recording the decision made;
Both documents must be signed by both parties to the employment relationship, as well as the seal of the organization.

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When should employees be notified?

Notification of changes planned to be made to the employment contract must be made at least two months before the event itself.

During this time, the employee can decide whether to agree with them or refuse and try to find a new job. Moreover, if the employee agrees to the changes proposed to him, they can be included in the employment contract before the two-month period expires.

It should be noted that one of the key points when an employer changes the terms of an employment contract is his obligation to inform his subordinate about available vacancies within the company. This is necessary so that the employee has the opportunity to stay in the company if suddenly he is not satisfied with the innovations that management is introducing in relation to his current position. At the same time, the vacancies offered by the employer must correspond to the education, work experience, and qualifications of the employee. However, the law gives the latter the right to refuse them if he considers it most appropriate.

What to do if an employee refuses to receive a notice

An employee may refuse to accept the notification and, accordingly, the changes that affect his contract. Then the employer can offer the employee to change his position to any of the available positions in the company. If further refusal follows, the manager may dismiss the person from the organization.

Sample act of refusal to sign a notice

If the employee refuses to accept or sign the notice, a refusal act is drawn up on this basis. It is filled in by the person who handed the document to the worker. Drawing up an act is not a mandatory action, but if controversial issues arise, it will become evidence that the manager complied with and complied with all legal norms.

A paper is drawn up in any form indicating the data of both parties and a description of the problem. The act is also additionally signed by witnesses to the preparation of the paper and the person in respect of whom the document was filled out.

Sample act

Sample notification of changes in the terms of an employment contract

If you need to create a notice of changes in the terms of an employment contract that you have not encountered before, look at its sample and comments to it - taking them into account, you will probably be able to write the necessary document without much effort.

First of all, indicate on the form from whom and to whom it is being sent.
Then, using a polite form of address (name, patronymic with the epithet “dear”), notify the addressee about the new working conditions offered to him.
Indicate the date on which they come into force.
To avoid further misunderstandings, be sure to indicate the real reason why the changes became necessary, and also provide a link to the article of the law in accordance with which you are acting.
Do not forget to mention in the notice any available vacancies in the organization that can be filled by the employee if he refuses to accept the new working conditions in his current position.
If there are none, also indicate this, adding that if he refuses to agree to changes in the employment contract, then he is subject to dismissal.
Finally, sign and date the form.