Sample form of an additional agreement to an employment contract on changing the employee’s working hours

Additional agreement to the employment contract

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 restriction 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:

change of 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 include a staggered schedule in an employment contract

The employment contract should also describe the procedure for familiarizing the employee with the work schedule. For example, “ the employer is obliged to familiarize the employee with the work schedule for the next accounting period, against signature, 5 calendar days before the introduction of the schedule

».

The named operating mode is not shiftable. The fact is that during shift work, the same job duties are performed by different employees (a group of employees) in two, three or four shifts per day (Article 103 of the Labor Code of the Russian Federation). With a “two in two” schedule, duties in a certain period are performed by the same employee (group of employees) during one working day (sample below). Moreover, the weekend falls on a different day of the week each time. That is, employees are set a work schedule that provides for a working week with the provision of days off on a sliding schedule (part one of Article 100 of the Labor Code of the Russian Federation). At the same time, summarized recording of working hours is introduced.

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.

The essence of the additional agreement

All basic agreements between employer and employee are set out in the employment contract. However, during operation, situations may arise when its parameters change significantly. Then an annex is drawn up to the contract - an additional agreement.

It cannot exist separately from the employment contract. This is a document that is essentially its new, updated edition. If the conditions change repeatedly over time, then it is acceptable that the employee will have several additional agreements to the same contract.

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

As a rule, the fact of changing a condition/establishing a new condition is recorded by an appropriate order (for example, the fact of an increase in salary or transfer to another working time regime).

If we are talking about changing the position of an employee, then in addition to the above documents, you will also need to make the necessary changes to his work book and personal card.

additional agreement to the employment contract

Vishnepolskaya Irina | legal consultant-expert on labor law issues

Sometimes an organization needs to change the working conditions of employees due to changes that have occurred in the company’s business processes. In particular, it may be necessary to change the work schedule of both all employees and individual groups, for example, transfer workers from a shift work schedule to a five-day week or from a two-shift work schedule to a three-shift work schedule (or vice versa). We will tell you about the procedure for introducing such changes and the risks that arise.

When is

There are a number of circumstances in which the drawing up of an additional agreement is a mandatory measure.

Let's list all the possible reasons for this:

change in official salary
increase in the volume of work performed
transfer to another position
change in work schedule or mode
change of employee personal data
change of company name
extension of a fixed-term employment contract
internal combination of positions
introduction of a traveling work schedule

Good to know. In modern conditions caused by the coronavirus pandemic, employers who have transferred their subordinates to remote work must enter into an additional agreement with them without fail. Otherwise, the company may be subject to administrative liability.

Working hours and the procedure for establishing them

To change the working hours, it is necessary to proceed from the way in which it is established for employees.

In accordance with Art. 91 of the Labor Code of the Russian Federation, the working time regime is the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that apply to the worker.

In Art. 100 of the Labor Code of the Russian Federation states that a specific type of working time regime is established in the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.

As follows from these norms, the working time regime (hereinafter referred to as WW) is established by the employment contract and internal labor regulations (ILR), as well as by the collective agreement, if any.

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In accordance with Art. 56 of the Labor Code of the Russian Federation, an employment contract is an agreement

between employee and employer. In accordance with Art. 57 of the Labor Code of the Russian Federation, the employment contract must indicate the working hours if it differs from the general rules of a given employer.

PVTR is, as a rule, a local regulatory act

, which, among other issues, regulates labor regulations, in particular, working hours (Article 189 of the Labor Code of the Russian Federation). PVTR are approved by the employer taking into account the opinion of the representative body of employees (Article 190 of the Labor Code of the Russian Federation). Let us immediately note that in this article we are considering the case when the company does not have a representative body of employees. In such a situation, PVTR are accepted by the employer alone.

What are the options for establishing working hours? There are several of them:

The employee’s RRV is stated directly in the employment contract, since it differs from the general rules of the employer established in the PVTR.

The organization has a work schedule for office employees (administrative staff) from 9.00 to 18.00 with a lunch break from 13.00 to 14.00. However, for the assistant to the general director, the work schedule is set from 10.00 to 19.00 with a “floating” lunch break of 1 hour from 12.00 to 15.00. These features are specified in the employment contract with the assistant general director.

In the PVTR company, the working hours of administrative personnel are set from 8.00 to 17.00 with a “floating” lunch break from 11.00 to 13.00. The same conditions are specified in the employment contracts of all administrative employees.

Let's see what ways there are to change working hours.

Flexible working hours: how to create and maintain records

Night time is defined as from 22.00 pm to 6.00 am.
For work in the evening and night hours, increased pay is assigned: at least 20% for evening hours, at least 40% for night time.
The exact amount of the premium is fixed in the local acts of the enterprise (Article 154 of the Labor Code of the Russian Federation).

This is a work and rest schedule that involves moving days off and/or changing the length of the working day according to the needs of the employee and the enterprise. A flexible schedule is also called a sliding schedule. This schedule allows the employee to choose a convenient time for him to perform work duties.

Ways to change working hours

The working hours can be changed in two ways: either by agreement with the employee (Article 72 of the Labor Code of the Russian Federation), or by the employer unilaterally if there are appropriate grounds (Article 74 of the Labor Code of the Russian Federation).

So, in Art. 72 of the Labor Code of the Russian Federation establishes that changes to the terms of an employment contract determined by the parties are allowed only by agreement of the parties, concluded in writing. Exceptions to this rule are recorded in the Labor Code of the Russian Federation.

Accordingly, this method is applicable when the working hours condition is included in the employment contract, regardless of whether the employee’s RWP differs from what is established by the PVTR or not. What is decisive here is that the provision for RRR is included in the employment contract, even if it was not mandatory in accordance with Art. 57 Labor Code of the Russian Federation. But once included, such a condition becomes part of the employment contract.

In Art. 74 of the Labor Code of the Russian Federation refers to the possibility of unilateral changes in the terms of the employment contract by the employer if the organizational or technological working conditions change. The working hours may also be a condition of the employment contract, which the employer needs to change. Consequently, a change in the work permit must be justified by objective reasons that impede the preservation of previous working conditions, and should not affect the employee’s labor function.

But these methods of changing the working time regime - both by agreement of the parties to the employment contract, and unilaterally by the employer - refer to changing the terms of the employment contract. What if the working hours, as in the third paragraph of the previous section, are established not by the employment contract, but in the PVTR? Can an employer unilaterally change the PVTR, in particular, establish a new working time schedule, familiarizing employees with it against their signature? What to do if employees do not agree with the change in the PVTR? And if employees agree, how to record this?

In this case, you need to be guided by the following. PVTR are a local regulatory act and are adopted by the employer in agreement with the representative body of employees (Article 190 of the Labor Code of the Russian Federation). But we are considering the case when a representative body of workers has not been formed, i.e. absent. In such a situation, it is logical to conclude that the employer can independently adopt PVTR, including establishing working hours within their framework. When hired, employees are familiarized with the PVTR against their signature. But there is an urgent need to change the PVTR - to establish a new working hours for all or for a group of employees. Here we should apply the analogy and principle of equal opportunities for workers to exercise their rights, enshrined in Art. 3 Labor Code of the Russian Federation. So, if for those employees whose RVV is specified in the employment contract, a rule is established to change it only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation) or by the employer unilaterally (Article 74 of the Labor Code of the Russian Federation) with the provision of certain guarantees, then these provisions should be applicable for those employees whose working hours are not specified in the employment contract, but are established in the PVTR. For them, working hours are no less important than for those for whom it differs from the general rules.

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It follows that when changing the PVTR in relation to already working employees, one should either enter into a written agreement with them on their acceptance of the changes to the RRV introduced into the PVTR, or when unilaterally changing the PVTR regarding the RRV, act in accordance with Art. 74 Labor Code of the Russian Federation. As for newly hired employees, the new working hours will apply to them from the moment they are hired. Since, having become familiar with the Labor Rules, including the regulation of working hours, when registering an employment relationship, the employee agrees to such terms of the employment relationship or he has the opportunity to ask the employer to establish a different Labor Rule in the employment contract.

Next, we will consider the procedure for changing the working hours depending on the basis:

changing the RV established by the employment contract by agreement of the parties;
changing the RV established in the PVTR by agreement of the parties;
changing the RRR established in the employment contract or in the PVTR, if employees do not agree (Article 74 of the Labor Code of the Russian Federation).

Changing the working hours established by the contract by agreement of the parties

This method is applicable in accordance with Art. 72 of the Labor Code of the Russian Federation, if the situation at the enterprise is similar to paragraphs 1 and 2 from the previous section (the employee’s RWP is stated directly in the employment contract and either differs from the general rules of the employer established in the PVTR or not), and the employees agree to change the working hours .

In such a case, it is enough to conclude an additional agreement with each of the employees on this, indicating in it the new mode of work (Example 3).

Changing the working hours established in the PVTR by agreement of the parties

If the company has a need to change employees’ working hours that are not specified in their employment contracts (point 3 from the first section), and the employees agree, you need to do the following:

Approve the PVTR in the new edition, for example, by order on the organization. The new edition of the PVTR needs to reflect the change in working hours (Example 4).
Next, you need to conclude an agreement with employees on their consent to the changes being introduced (Example 5). It should contain the names of all employees who agreed to the changes, stating that it was compiled in the quantity required for all employees, plus one copy for the employer.

The relationship between an employee and an employer arises by virtue of an employment contract. However, in cases where significant working conditions change, this agreement must be modified.

One of the common ways to change an employment contract is to conclude an additional agreement to it. Let's figure out what this document is and how to format it correctly.

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What it is?

The concept of an employment contract is enshrined in Art. 56 Labor Code of the Russian Federation . The article defines that a contract is an agreement concluded between an employee and an employer, according to which one party (the employer) undertakes to provide a workplace that meets the requirements of labor legislation and pay wages, and the responsibilities of the second (the employee) are to perform labor functions in full and comply with work rules approved by the employer. The agreement must be concluded in writing.

In the same case, when the conditions specified in the employment contract change, the parties must also document the changes in writing (Article 72 of the Labor Code of the Russian Federation).

An additional agreement is not the only way to consolidate changes . It is also possible to conclude a new employment contract. However, this option is used less frequently - in fact, only in cases where conditions change radically and it is necessary to talk not so much about changes, but about terminating the old one and concluding a new contract.

Free legal assistance

At the same time, in a number of cases, the legal liability of the employer is due to the use of employee labor on a day off (non-working holiday) in violation of legal requirements. It is necessary to pay attention to a number of errors made in the advice given on the forum. Firstly, it should be remembered that the meaning Art.

Days off All employees are provided with days off (weekly uninterrupted rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

In what cases is a document necessary?

Based on the content of Chapter 12 of the Labor Code of the Russian Federation, the following situations can be identified when it is necessary to conclude an additional agreement:

Transferring an employee to another job or moving him to another area.
Temporary transfer to another workplace, including to replace an absent employee.
Transfer for medical reasons to another job.
Changes in organizational, technological or other significant working conditions.

In all of these situations, the change requires the employee's consent.

Cases when it is necessary to conclude an agreement to an employment contract:

Change of position or title.
Changing the amount of remuneration if it is fixed in an employment contract, and not just in the organization’s staffing table.
Changing employee or employer data. In particular, it makes sense to sign an additional agreement if the employee has changed his name or there has been a reorganization of the employer-organization.

Samples of additional agreements

A unified form has not been established, but in each specific case it is necessary to take into account its own points. Therefore, for convenience, we have provided several additional samples. agreements that can be downloaded in Word format.

Transfer of an employee to another position

The text must indicate the clause of the employment contract containing the employee’s position and its presentation in the new edition. The position to which he is transferred and the date from which this change will take effect are indicated.

Sample of an additional agreement to an employment contract on transfer to another position under the same conditions
Additional sample agreements in connection with transfer to another position with changes in wages

Salary changes

The employer has the right to revise employee salaries, increasing them by the percentage of inflation, additional payments to the minimum wage, or establishing its own indexation standards. Such changes are the basis for drawing up an additional agreement. Employee familiarization is mandatory.

Additional sample agreements to the employment contract on salary changes

Sample additional agreement to an employment contract when indexing salary

Additional sample agreements in connection with changes in the minimum wage

In some cases, a reduction in working hours may be applied, and therefore the salary will be reduced by 0.5 times the rate.

Sample additional agreement to an employment contract for 0.5 rate

Combination of positions

The additional agreement specifies the position that will act as a part-time job, additional job responsibilities, the duration of the part-time job and the amount of payment for additional work. The possibility of early termination of the combination regime at the initiative of the employee is indicated. It is drawn up only with the consent of both parties.

Sample additional agreement to an employment contract for combining positions

Extension of work period

The reasons for the extension are stated, as well as the period for which this must be done. It should be borne in mind that when summing up the term under the main contract and the additional agreement, it may exceed five years, which automatically recognizes the employment contract as indefinite.

Sample form of an additional agreement to an employment contract to extend the term

The agreement must include a requirement to provide a medical certificate confirming pregnancy if the contract extension is related to it.

Sample of an additional agreement to the TD on extending the pregnancy period of an employee

Additional agreement - carrying out SOUT

Changes in working conditions in the workplace also become the basis for making adjustments to the employment contract. This change is confirmed, among other things, by the results of the SOUT. As a result, you will need to draw up an additional agreement if:

at the time of concluding the contract, the conditions were considered acceptable or optimal, but based on the results of subsequent certification they were assessed as harmful or dangerous;
in the exact opposite situation, when the harmfulness or danger of working conditions was not confirmed by the subsequent SOUT.

In the first case, when the next special assessment recognized that working conditions have become harmful or dangerous, the employer is obliged to provide the employee with compensation and guarantees in accordance with labor legislation. The second option deprives the employee of such privileges.

In any of these cases, the employer is obliged to notify the staff of changes in working conditions, which are recorded by the SOUT, prepare an additional agreement to the employment contract and sign it by the employee.

Sample additional agreement to an employment contract based on the results of the Special Labor Agreement:

on the establishment of compensation in connection with the recognition of working conditions as harmful (grade 3.3);
without compensation due to recognition of working conditions as not harmful (class 2).

Other examples of supplementary agreement samples

Additional agreement to the labor agreement on changing clauses in connection with changes in working conditions (in different variations) -
Additional agreement to the TD on changing the work schedule - .

How to apply correctly?

The main thing is that the document indicates the essential conditions required by the Labor Code of the Russian Federation and other regulations of labor legislation.

If an additional agreement is concluded, it must be made in the same form as the agreement itself. It must indicate:

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Parties' data . For an employee this will be the full name (and, if necessary, details of a passport or other identification document), for an individual entrepreneur - the name and details of the registration document in the Unified State Register of Individual Entrepreneurs, for an organization - the full name and registration number (OGRN).
Time and place of detention . Particular attention should be paid to the time: it is from the date of signing that the moment when the agreement comes into force will be counted.
Details of the agreement , which is changed by an additional agreement.
The essence of the changes being made . The essence of the changes is necessary for clarification during labor disputes.
Signatures of the parties . The employee must personally sign all copies of the agreement, and on behalf of the employer, the signature must be placed by a person authorized to do so by the Charter, internal regulations or other documents. As a rule, an additional agreement is signed by the head of the organization.

The document must be drawn up in at least two copies, one of which is issued to the employee, and the second is kept by the employer.

Requirements for drawing up an addendum on changing working hours or working hours

Often an additional agreement is used to change the working hours that are established for the employee. What features will such a document have?

According to Art. Art. 91 and 100 of the Labor Code of the Russian Federation, the working hours are established using two documents:

Employment contract with the employee.
Internal regulations approved by the enterprise.

But any change in the terms of the employment contract requires the mutual will of both the employer and the employee (except for the cases provided for in Article 74 of the Labor Code of the Russian Federation). Therefore, it will be necessary to conclude an additional agreement to the employment contract.

It must contain the following information:

Time and place of signing.
Registration data in accordance with the document flow accounting system in force in the organization.
New working hours introduced for an employee.
Signatures of the parties.

It is not necessary to put a seal on additional agreements , however, the employer has the right to certify the copy given to the employee with the organization’s seal.

How to register and number?

An additional agreement to the employment contract must be drawn up in accordance with the employer’s current office management rules. In particular, the agreement must be assigned a registration number according to the document numbering system used.

The number can be:

simply sequential with continuous numbering of all documents;
ordinal in the current period indicating the year;
serial indicating the type of document (for example, with the letter “K”, meaning that the additional agreement is one of the documents on personnel matters.

The examples given are indicative only. The specific accounting system depends solely on the will of the employer .

Shelf life

Like the employment contract itself, the additional agreement must be kept by the organization as long as the employee maintains an employment relationship with it. But what to do after he quit?

In this situation, the document must remain in storage. The Federal Law “On Archiving in the Russian Federation” sets a storage period of 75 years for such documents. However, this applies only to documentation that, based on the results of the examination, is recognized as valuable and subject to inclusion in the Archival Fund of the Russian Federation.

In all other cases, the order of the Ministry of Culture of the Russian Federation No. 558 dated August 25, 2010 should be applied. It determines that personal files of employees, as well as other personnel documents not included in personal files, must be stored for at least 50 years. If an organization ceases to exist, it must submit materials to the archives of the local government at the place of its registration. The previously existing storage procedure, which determined a period of 10 years, has been abolished since 2010 .