Drawing up an additional agreement to the employment contract

What can be changed

In an employment contract, you can change both mandatory (parts 2, 3 of article 57 of the Labor Code of the Russian Federation) and additional conditions of the employment contract (parts 4, 5 of article 57 of the Labor Code of the Russian Federation). In any case, you need to draw up an additional agreement to the employment contract. Let us explain what may be considered mandatory and what may be considered additional working conditions.

Also see “Local regulations from 2021: changes to the Labor Code of the Russian Federation”.

Changes in working conditions

If a manager wants to transfer a subordinate to a workplace with a lower salary, then the boss must obtain written consent for this. It is possible to transfer an employee to another position in which he will receive a lower salary under certain conditions :

• according to medical recommendations.
• Based on the results of the certification and the conclusions made by the commission.
• If an employee does not pass the certification, then instead of dismissal he may be offered to transfer from the most responsible position.

The order must include the following information:

1. Full name of the employee;
2. position after the transfer;
3. the number of transfers to another position, as well as earnings and working conditions;
4. basis for the employee's transfer.

The wording of the order could be:

“Cook Ivanov L.B. will be transferred to the position of dispatcher due to health problems from April 6, 2021. Ivanov L.B. is entitled to a monthly salary of 17,000 rubles"

To place an order, you can choose one of two filling forms :

• You can fill out the usual T-5 form.
• It is possible to fill out an individual form that is used by a specific organization.

It is necessary that the document contains the signatures of the manager, as well as the transferred employee.

About the additional agreement

To change an employment contract, you need to draw up a written agreement between the employee and the employer. There is no standard form for such an agreement. Therefore, the employer has the right to formalize it in any form in the form of an additional agreement to the employment contract.

The supplementary agreement is an integral part of the employment contract. Therefore, the additional agreement must be drawn up in two copies: one for the employee, the other for the employer. If the organization keeps a journal of additional agreements to employment contracts, then make an entry in it about issuing the employee a copy of the additional agreement. Also see “Logs of registration of employment contracts and additional agreements”. It is not at all necessary that the employee signs in this journal. After all, his signature will already be on the supplementary agreement itself.

We make amendments by mutual agreement

When mutual agreement is reached between the employee and the employer, the form of the additional agreement to the contract is arbitrary: it is drawn up and signed at any time. There is no need to copy the sample. The document is drawn up in two copies, one for each of the parties. It consists of the following parts:

• name - agreement to amend the employment contract;
• preamble, which indicates the acting parties - the employer and the individual;
• subject - a list of items requiring change. For example: “Clause 3 of the employment contract No. 45 dated 03/01/2018 read as follows...”, after which a new type of clause 3 is prescribed;
• if necessary, new paragraphs, for example: “additionally add paragraph 3.1”, then enter the content of the new paragraph;
• signatures and details of the parties.

Usually an additional agreement is concluded to extend the term of the contract by mutual consent, and, in essence, it represents a clarification of the terms of the employment contract. The document looks like this:

Salary change agreement

There are situations when the personnel service needs to draw up an appendix to an additional agreement to the contract, for example, if the forms of documentation for an employee are changed and new forms are attached.

Special situations

The legislation defines a number of cases and situations in which, before drawing up an additional agreement to an employment contract, it is necessary to fulfill a number of conditions and take into account some restrictions. These situations are described in more detail in the Labor Code, in the relevant articles:

It is also worth noting that there are a number of restrictions on changing the employment contract when working conditions change (for example, production technology changes).
The employer is obliged to notify the employee two months in advance of such changes, as well as the reasons that necessitated such changes, against signature (Article 74 of the Labor Code of the Russian Federation). And only if the employee agrees, then an additional agreement to the employment contract can be concluded with him. Read the above articles if you need to enter into an additional agreement in the listed cases. They all describe in some detail what the employer needs to do and within what time frame. If we are talking about general cases of concluding additional agreements, then we suggest that you familiarize yourself with the samples.

We introduce additional conditions at the initiative of the employer

If amendments to the employment contract are made by decision of the company management and affect all employees or several members of the workforce, all interested parties should be notified about this at least 2 months before the expected date of changes (Article 74 of the Labor Code of the Russian Federation). Notification is made in writing under a personal signature and a copy of the notification is delivered. In this case, the consent of each individual member of the team is not required.

The notification is drawn up in free form, an example text is as follows:

Luch LLC notifies Ivan Stepanovich Petrov of upcoming changes to the terms of the employment contract from February 1, 2021.

Then the points of the document in the new edition are entered, which are then included in the agreement. The notice ends with the phrase:

in case of disagreement of the employee with the new conditions, in accordance with Art. 74 of the Labor Code of the Russian Federation, he will be offered available vacancies taking into account his state of health, and if he refuses the vacancy, he may be fired under clause 7 of part 4.

Job offers must be made in writing. There is no other way to change working conditions without obtaining the person’s consent. The employer is forced to act in accordance with the law, otherwise any citizen has the right to file a complaint in court and win it. But there is an exception in which an organization transfers a person to another job without his consent - downtime or liquidation of the consequences of a man-made or natural disaster. Such a transfer is temporary, for a period of up to 1 month, and is made by order.

Samples of additional agreements

As we have already said, there is no single sample of an additional agreement to an employment contract. It is compiled for each specific case. Here are some of the most common samples in Word format that you can download and edit to suit your needs.

Additional agreement on salary changes

Sometimes employers change salaries in the organization. Such a change also requires the employee’s consent. However, you do not need to obtain it specifically. The additional agreement signed by the employee itself will be confirmation of such consent.

So, let’s assume that the sales manager’s salary increases from 35 to 40 thousand rubles. An additional agreement might look like this:

As you can see, there is no need to describe anything in detail (in particular, there is no need to indicate the previous salary). It is enough to establish that from the specified date the employee’s salary is the amount agreed with the employee.

Additional agreement on changes in working conditions

From October 3, 2021, salaries must be paid no later than the 15th day after the end of the period for which they were accrued. In this regard, employers may need to enter into an additional agreement with employees to change the timing of payment of wages. For more information, see “Salary payment date in 2021: how an employer can change documents.”

Additional agreement on transfer to another position

In order to transfer an employee to another position, you can draw up an additional agreement and indicate in it exactly what position the employee is being transferred to and from what date this change begins to take effect.

Also keep in mind that the employer will need to issue an order to transfer the employee to another job.

New version of the employment contract agreement

As we have already said, it is possible to conclude an additional agreement to state the employment contract in a new edition. This is the only correct option. After all, labor legislation does not allow “renegotiating” employment contracts again. Let us give an excerpt of such an additional agreement, according to which you can understand the algorithm of actions.

Read also

17.09.2019

Employee refusal to sign

Since it is impossible to change the employment contract without the consent of the other party, mutual agreement should be reached. But it is not uncommon for an employee to refuse to sign an addendum. agreement is a document that improves his working conditions. What to do in this case? There are only two options here: either try to come to an agreement with the employee, or issue an order about upcoming innovations and implement them in two months, notifying the employee about this in writing. If, after the expiration of the period, he still does not agree with the new conditions, the employer has the right to do the following:

• offer the employee in writing other vacancies in the organization;
• in case of disagreement with the transfer to the proposed positions, dismiss the employee under clause 7 of part 4 of Art. 77 of the Labor Code of the Russian Federation.

This procedure is used for any change in the employment contract - remuneration system, work schedule, new position, etc.

How to draw up an agreement

There are no special criteria for the execution of the agreement, as well as for its text: it can be written on a regular blank sheet of any convenient format or on company letterhead, by hand or printed on a computer.

Only one condition must be strictly observed: the additional agreement must have “living” signatures of both parties.

If the employing organization uses stamps in its work to endorse documentation, then the agreement form must be stamped. The document must be prepared in two identical copies - one of them remains with the employer, the second is given to the employee.

New employment contract or additional agreement

Some employees mistakenly believe that in order to change the working conditions of their current employer, it is necessary to conclude another employment contract. This is wrong.

Articles on the topic (click to view)

• What to do if the employer does not give the employment contract
• What is the difference between a collective agreement and an employment contract?
• Apprenticeship contract with an enterprise employee: sample 2021
• Terms of remuneration in an employment contract: sample 2021
• Go on maternity leave from the labor exchange
• Notice of extension of a fixed-term employment contract: sample 2021
• Notice of termination of a fixed-term employment contract: sample 2021

The fact is that in order to draw up a new employment contract with an employee already on staff, it is necessary to terminate the previous one. And this is inappropriate, since, in addition to the actual termination of the contract, this entails additional difficulties: the employee’s length of service is interrupted, in fact dismissal occurs, which in turn leads to the need to make appropriate entries in his personal file, personnel documents, and work book.

That is why the legislation has provided the opportunity for the management of enterprises and organizations to form additional agreements that become an integral part of existing employment contracts.

How to format and compose correctly?

There is no strict form of the document and the requirements do not oblige the employer to use a handwritten document or print it on a computer. Mandatory conditions are the indication of changes and the presence of signatures of the parties on both copies. Since the document is two-sided, it can only be drawn up on the basis of the consent of the employer and employee.

This is important to know: Civil contract with an employee: sample 2021

When drawing up an additional agreement, it is recommended to adhere to the following positions:

1. Indicate the main parameters of the document: its name, number, place of conclusion;
2. Details of the employment contract, the clauses of which are subject to change;
3. Name of the organization, information about the manager, information about the employee in accordance with the employment contract;
4. New parameters that will become effective from the moment the document comes into force;
5. The date from which the changes will take effect.

If there are additional clarifying documents on the basis of which the document is drawn up, they are attached to the agreement, and the link is indicated in its text as a separate paragraph.