The procedure for changing the terms of an employment contract with a remote worker

Home / Labor Law / Employment / Employment contract

Back

Published: 07/12/2016

Reading time: 5 min

0

1898

The numbering of employment contracts is not mandatory from the point of view of law, which means that the employer has the right to decide for himself how to number documents in his own enterprise or organization.

In our article we will talk in detail about existing numbering rules, and also shed light on questions that interest you.

• Legislation
• Numbering tasks
• Recommendations and features of numbering employment contracts
• Nuances of numbering additional agreements

Recommendations and features of numbering employment contracts

Since the current legislation of the Russian Federation does not provide for any special numbering rules, in practice a variety of methods for recording documents in enterprises and firms are used.

The Resolution of the State Statistics Committee of January 5, 2004, which we mentioned above, contains current recommendations for the numbering of TD and other agreements. It is therefore recommended to compose the numbering from the number of the employment contract and the numbers that indicate the day, month and year of its execution.

For example, if the employment contract was concluded on January 8, 2019 and had personal number 11, then the numbering will look like this: 11-0812019. Where 11 is the TD number, and the remaining numbers are the date the document was issued.

There are many other options for maintaining numbering in an organization: you can indicate only the document number and year of registration, or the document number, as well as the month and year of registration, depending on the scale of the organization and the wishes of the employer.

The same Resolution of the State Statistics Committee states that it is recommended to start numbering employment contracts again with the onset of the new year . However, in practice, organizations often continue to number TDs without updating them every year. There are no mandatory provisions in this regard in the legislation.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

• Moscow.
• Saint Petersburg.

Find out in our article how to calculate the average salary.

To choose between two payment systems (tariff and non-tariff), you will need to study this article.

You will find out the detailed and necessary information about salary reductions in our article.

Is numbering necessary?

As it has become clear from current regulations, numbering on documents is not mandatory, which means that you can also find contracts without a number.

But numbering is desirable, since it helps improve the quality of office work in the enterprise. In addition, the numbers of employment contracts are required to be indicated in some reporting forms, for example, they must be transferred to the hiring order under number T-1.

Each head of a company or firm decides for himself how numbers should be assigned.

How to correctly number employment contracts?

The introduction of an algorithm is a particularly pressing issue for large organizations where there is a frequent change of personnel. It is proposed to indicate the following information in the agreement number:

• Day/month of compilation;
• Year of compilation;
• Serial number.

If you choose this numbering, the output will be a similar structure - 18/12/16/19. In the proposed version, the person was hired on December 18, 2021 and became the 19th employee registered in the specified year.

The need to number employment contracts

Systematization, organization and ease of finding documents are the three main goals that are pursued when introducing numbering. If you study some labor documents, they also have specially designated fields for identifiers of agreements concluded with employees. The order must be entered in the registration log. It is also traditionally recorded in the employee’s work book and in the order that the new employee has been officially hired (for the latter there is a unified T-1 form).

How to correct the numbering in an employment contract?

If a mistake was made in entering the identifier when applying for a job, it will be easier to reprint this document and put the correct serial number. The second option is to draw up an additional agreement. Its structure must contain the signatures of both parties. This error can be corrected with the following words in the additional agreement: Replace the number 09/2015 in the details with 10/2015.

Registration of changes to the terms of the employment contract on remote work

Changes are formalized by order listing the reasons. Employees are notified of the order no later than 2 months before their implementation. A separate notice contains a list of changes and the reasons for them. To avoid disputes, we recommend that you include in it:

• rights and obligations of the employee during the notice period, decision-making deadlines;
• consequences of his consent/refusal to continue working under new conditions.

The Labor Code clearly states that the employer offers the employee a position in the “given locality.” The issue of location is problematic if it concerns a remote worker. Since there is no direct answer to this in the legislation, we will recommend two options for resolving the issue (they best protect the interests of the employer):

• list all available vacancies, regardless of territorial location;
• regulate this issue of the LNA, and make a decision with reference to this local act.

An additional agreement with a remote worker is drawn up if:

• the employee agrees to the offer;
• the employee agrees to the transfer.

In the first case, the additional agreement includes new operating conditions, in the second - a transfer to another job. The document is drawn up in two copies and signed by both participants. Consent to the transfer is provided in writing - this is a mandatory confirmation of the legality of the employer’s actions. Information about the transfer to another permanent job is entered into the work book (if the employer continues to keep it in paper form for the remote worker). The entry is made on the basis of an order or additional agreement. The employee is introduced to it by signing on his personal card, where the entry in the Labor Code is duplicated.

Does the numbering of employment contracts start anew every year or does it continue?

Since there are no special legislative requirements on this issue, each employer can determine its own rules. It is possible to start a new numbering every year, or you can continue to maintain the already established one. And most employers still choose the first option. Experts from the Federal Labor Service are also inclined towards this. Thanks to this choice, the identifier of a specific contract will consist of a serial number and a year. Therefore, the most common type for small organizations: 09/2015, 01/2017, 116/2019.

Where are the numbers entered?

There are a number of documents in which you need to enter serial numbers assigned to employment contracts:

• journal of registration of employment contracts, additional agreements concluded;
• order for employment as a permanent employee in form No. T-1;
• work book of an employee accepted into the organization.

The order must include the number of the rental agreement.

Therefore, all data indicated in this document must be displayed in the work book entries.

As for the Journal for registering employment contracts, it is not mandatory to maintain, however, representatives of the Labor and Employment Service are interested in such records during inspections. And the general rules of document flow at enterprises require registration of all documents compiled, which, moreover, have legal force and significance.

It is worth noting that the Journal of Registration of Employment Contracts must be certified by a notary.

In this case, it will have legal force, and therefore can be used in legal proceedings with employees as confirmation of the existence and legally correct execution of the employment contract.

When deposited in an archive of this type, registration logs are usually sealed (the shelf life of logs in accordance with paragraph “D” of Article No. 358 of the List of standard management documentation approved by Rosarkhiv is 75 years).

The registration log usually contains the following columns:

• number in order of filling;
• date of conclusion of the described contract;
• number assigned to the document;
• Full name of the hired employee;
• position occupied according to the employment contract;
• the department in which the employee is registered;
• the validity period of the concluded contract between the employee and the organization (employer);
• indication of part-time job or main place of work;
• information about additionally concluded agreements;
• notes and marks.

Please note: if an employee is hired for a part-time position, then such information must also be reflected in the registration log.

You can learn more about the journal of registration of employment contracts from our article.

What is the procedure for drawing up an employment contract? Read here.

How to indicate summarized accounting of working hours in an employment contract? See here.

How are additional agreements registered?

Registration of additional agreements - documents that amend the current employment contract or completely terminate it - is carried out similarly to the contracts themselves.

It is also not regulated at the legislative level, however, assigning serial numbers to concluded agreements is an effective way to keep records of documents and organize them.

If an organization often enters into additional employment agreements, it is advisable to keep a separate accounting journal.

The spread of such a magazine traditionally contains the following columns:

• serial number of the document in the journal;
• date of its formation (conclusion of the agreement);
• immediate agreement number;
• Full name of the employee;
• position held;
• division in the organization;
• serial number of the employment contract and the date of its preparation;
• date of signing the rental agreement (entry into force) and its validity period;
• the contents of the additionally formed agreement in brief;
• notes and markings.

It is worth noting that for small companies maintaining such a journal is not at all necessary.

When drawing up periodic additional agreements, their serial numbers can be entered directly into the labor contract registration journal. And although they do not contain a special column for this (there is only one column in the “Agreement number” column), you can enter the agreement number in the 10th column.

To summarize, it should be emphasized once again: although assigning numbers to employment contracts is not mandatory and is not prescribed at the legislative level, without it the document flow of an enterprise, firm, individual entrepreneur and employees becomes noticeably more complicated.

That is why the numbering of employment contracts is recommended by most specialists in the field of personnel accounting.

But at the same time, it is necessary to remember that this kind of organization of documentation significantly simplifies the procedure for conducting desk audits, which is the reason for a more loyal attitude on the part of all kinds of regulatory authorities. This is especially true for tax services, as well as labor inspectorates.

Streamlining employment contracts can significantly simplify the work of an HR employee, thereby significantly reducing the likelihood of him making any mistakes when preparing documentation.

What is especially important is that violation of the rules for maintaining personal affairs, as well as work records, is a serious violation. This can lead to various types of fines.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Does each year start over or continue?

Clerks and personnel officers have a lot of questions about the New Year numbering that is affixed to documents.

Should you start counting again, assigning serial numbers from the number 1, or should you continue to assign numbers in the already established sequence?

According to the opinion of the Legal Department of the Federal Labor and Employment Service, since the assignment of serial numbers to employment contracts was not regulated by law, you can begin assigning serial numbers to documents every year, starting on January 1.

What role does a collective labor agreement play in an organization? Read our article.

How to terminate an employment contract? Find out here.

What should it be like?

When maintaining the numbering of employment contracts, managers and clerks can adhere to their own algorithms and systems.

Numbers can include various characters: fractions, dashes.

However, what they have in common are:

• availability of the serial number of the concluded employment agreement;
• the presence of the year in which the document was drawn up and signed.

How is the number formed?

So, how are numbers assigned?

The formation of the number largely depends on the frequency of hiring employees.

So, in small companies, small organizations, where hiring employees is infrequent, numbers traditionally consist of two numbers: the immediate serial number and the year. They may look like this: 09/2015, 07-2014, etc. In this case, the serial number should be deciphered as follows: the 9th or 7th contracts concluded in 2019 and 2021, respectively.

For large enterprises, factories, and enterprises where employees are hired not just every day, but several times a day, it is advisable to develop a more complex numbering system.

Thus, the employment contract number will traditionally consist of the following elements:

• indication of the day and month of drawing up the document;
• designation of the year of document formation;
• serial number of the contract or hired employee.

Thus, the document number will look something like this: 1609-15/10.

In this case, the number is deciphered as follows: the 10th contract (number after the fraction) was hired on September 16 (numbers before the dash) 2021.

Step-by-step algorithm for processing the transfer of a remote worker to another job

If there is a need to transfer a remote employee to another place of work or vice versa, adhere to the following algorithm:

1. A document base . If the initiator of the transfer is a remote worker, then this is a statement. If the initiator is an employer, this is a notification, an offer, or another form. Registration of this document.
2. Written consent to translation in the form of an agreement to the remote work agreement. Its registration in the TD accounting book, annexes and agreements thereto (or another journal).
3. Transfer order - form T-5 (or other form). Registration of the order in the register of orders for personnel with a storage period of 75 years. This order is not mandatory by law and is issued if necessary by a specific employer. 4. Making an entry in the work book (in case of permanent transfer), provided that the work book was issued for a remote worker and the employer continues to maintain it in paper form.
4. Making an entry in card T-2, section III (for permanent transfer).
5. Familiarization of the employee with the entry made in the work book through a personal T-2 card (acceptable in electronic form), again provided that it was drawn up.

Print and save the memo “Registration of the transfer of a remote worker to another job.”

Numbering tasks

Numbering involves assigning each employment contract or additional agreement its own number. This is customary in business to simplify and systematize work with documents, as well as to level out possible confusion and inconsistencies.

In practice, numbering helps to keep records of employment contracts and other agreements that were drawn up in the organization and, as a result, a simplified search for these documents in the personnel department or archive of the company.

Is numbering of employment contracts required?

No law regulates whether concluded employment contracts in enterprises and firms should be numbered. In this regard, the employer is given freedom of choice: to register contracts and agreements thereto or not to register. However, the answer to this question is given by Rostrud letter No. 3045-6-0 of 2007, establishing recommendations on putting numbering on employment contracts drawn up with employees.

Thus, the law does not oblige employers to number, but only contains advisory provisions in this regard. It is still necessary to register contracts, since during inspections by labor inspectorates such a log is always requested.

You can find out how the register of employment contracts and additional agreements is drawn up here.

Is the numbering of employment contracts new from the new year or not?

Most often, the numbering of employment contracts begins anew every year, as well as orders. It is also not prohibited to continue recording at the beginning of the new year. In organizations where employees are hired in large numbers, several people a day, it is more convenient to start registration anew every year. At enterprises with low staff turnover there is no need to start a new registration every year.

The order of numbering of employment contracts in the organization

Contracts are registered in a special journal. It does not have a unified form; it can be compiled arbitrarily, in a form that is convenient for a personnel specialist. Such magazines can be ordered on the website for the production of ready-made forms; the cost does not exceed 300 rubles. The accounting journal is stitched, its pages are numbered, for reporting purposes it can be registered in the office of the organization, assigning it a number, and then putting a company stamp on it.

The log may contain the following columns:

• number in order starting from the first;
• date of conclusion of the contract;
• FULL NAME. hired employee;
• his position;
• type of work;
• signature of the employee upon receipt of the copy;
• note.

It is important to include a column with employee signatures in the book, since if there are signatures, it will not be possible to refute the fact that a copy of the contract was issued to the worker. As a general rule, the document must be issued no later than three days from the moment the citizen is registered for work. The personnel officer can add or remove any columns at his discretion.

Is the numbering of additional agreements to the employment contract per employee or general?

If working conditions or salary change, an agreement is drawn up with the employee about this. Unified accounting procedure for additional There are no agreements for all organizations. Agreements can be registered in three ways:

• in a separate journal established specifically to record additional agreements;
• in the same journal where contracts are maintained;
• by affixing it to the same journal.

The selection is made by the personnel officer taking into account convenience. It is also necessary to register agreements in order to reproduce information after a certain time.

Numbering of employment contracts - sample

Most often the number is given in order. The classic form is to indicate the month and year of admission, and then, through a fraction or a dash, the numbers in order. If an employee, for example, is hired first on February 20, 2021, then the contract registration will look like this: “02/2018-1.”

There is no single template for everyone; each organization develops and agrees on its own form of assigning a number.

Is an employment contract number required?

Topics: Labor relations

Is it necessary to assign a number to an employment contract with an employee or is it sufficient to just indicate the date of conclusion of the employment contract?

List of conditions that are mandatory

must be included in the employment contract, established
by Art.
57 Labor Code of the Russian Federation :

– place of work

, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - the place of work indicating the separate structural unit and its location;

– labor function

(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee);

– start date

, and in the case where a fixed-term employment contract is concluded, also the duration of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation;

– terms of remuneration

(including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

– working hours and rest hours

(if for a given employee it differs from the general rules in force for a given employer);

– compensation

for hard work and work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;

– conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);

– a condition on compulsory social insurance of the employee in accordance with the Labor Code of the Russian Federation and other federal laws;

– other conditions

in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

As you can see, the employment contract number does not apply

to the mandatory information provided for
in Art.
57 Labor Code of the Russian Federation .

However, unified forms of primary accounting documentation

for accounting of labor and its payment, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1,
provide for the numbering of employment contracts
.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

So, the date and number of the employment contract

are indicated in the order (instruction) on hiring the employee (unified
form No. T-1
) and in the employee’s personal card (unified
form No. T-2
).

As a rule, in practice, a system is used in which the employment contract number consists of its own contract number and numbers indicating the year of its conclusion.

For example, an employment contract concluded in March 2007 is assigned the number 16/03.

Thus, officials believe, one way or another, the numbering of employment contracts can begin again next year.

This is important to know: Sample notification of changes in the terms of an employment contract

Regulatory regulation

At the legislative level, the procedure for drawing up employment contracts for employees is not regulated in any way.

So, in Art. No. 53 of the Labor Code of the Russian Federation, where a list of mandatory items is established, including place of work, function of the employee, date of assumption of position, etc. But this list does not include numbering.

At the same time, the unification of the forms of primary accounting documents, which was approved by Resolution No. 1 of the State Statistics Committee of Russia dated, numbering of employment contracts in the organization is still assumed.

Contains certain recommendations regarding affixing numbers to documents and Letter No. 3045-6-0, drawn up by Rostrud.

You can read the text of the documents here:

Resolution of the State Statistics Committee of the Russian Federation dated No. 1

Letter from Rostrud

Recommendations from officials

Letters from Rostrud dated 08/09/2007 No. 3045-6-0 and the Ministry of Labor dated 03/21/2018 No. 14-2/B-191 emphasize that the absence of a number is not a violation. And this cannot lead to the cancellation of the contract or its recognition as invalid, just like the lack of a log of agreements with employees. If the employer has decided to keep such a book, for convenience, you can number personnel documents as follows: put a serial number generated based on the date of conclusion of the contract. For example, Pion LLC concluded an employment contract with Petrov on 06/06/2018. The contract may be 0606/2018. Another option is 06/06, that is, without specifying the year. This is exactly what Rostrud and the Ministry of Labor recommend to do.

The second method is suitable if documents are stored in folders that contain an indication of the year. But it is possible that in this case some employees may have the same contract numbering. For example, if both Petrov and Ivanov were hired on June 6, but in different years, the numbers of their employment documents will be the same. If this is discovered, they can be changed, but during inspections, GIT inspectors will not consider this a violation.