Sample additional agreement to the employment contract for 2021

How to correctly exclude clauses from an employment contract (with g

How to correctly exclude clauses from an employment contract (from 01/01/2020)?
The employee has been transferred to another position and now he no longer needs some clauses of the Employment Contract (on compliance with professional standards)© Material from KSS “Human Resources System” - the first online portal of ready-made solutions for your personnel service. More details: https://budget.1kadry.ru /#/hotline/?of=copy-da8d8823cb The additional agreement is an integral part of the employment contract. Therefore, make it in two copies - one for each side. The fact that the employee received his copy of the additional agreement will be confirmed by his signature on the employer’s copy. This conclusion allows us to draw part 1 of Article 67 of the Labor Code of the Russian Federation.

Design rules.

Although the labor legislation does not establish a procedure for registering cancellation, it is necessary: ​​if no documents are drawn up that cancel the employment contract, it will be considered valid. The employment contract should not be destroyed, as some employers do, because the employee will have his own copy. Everything needs to be done officially.

In any case, you first need to record the fact that the new employee has not started his job. Such a document may be an act that is drawn up and signed by employees of the organization (at least three people), a report, an internal memorandum drawn up by the head of the department in which the newcomer was supposed to work, or a personnel employee.

This is important to know: Employment contract with irregular working hours: sample

Based on these documents, the employer has the right to make a decision on cancellation. However, we do not recommend canceling the employment contract on the same day, since the employee can still leave and start work. In this case, based on the available documents (act, report), he can be fired for absenteeism (unless he was absent for a good reason).

Here is a sample of an employee absence certificate.

Municipal government institution "Gorvodokanal"

that the employee did not start work

Compilation time: 17 hours 00 minutes.

We, the undersigned, Head of the HR Department O.N. Volkova, M.V. Petrova, Chief Accountant and V.N. Klimova, Secretary, have drawn up this act stating that today, 06/24/2019, lawyer Maxim Aleksandrovich Borisov, in violation of the terms of clause 1.2 employment contract No. 15/06-3 dated June 15, 2019, did not go to work on June 24, 2019 at the office located at Novgorod, st. Yamskaya, 5, and was absent from the workplace during the entire working day, namely from 8.00 to 17.00.

He did not answer phone calls.

Head of HR Department Volkova O. N. Volkova

Chief accountant Petrova M.V. Petrova

Klimova's secretary V.N. Klimova

If the head of the organization decides to cancel the employment contract, a corresponding order is issued in any form. If the employer has already issued an order to hire the employee, it will also have to be canceled. You can do these two actions with one order. Let's give a sample.

Municipal government institution "Gorvodokanal"

dated June 26, 2019 No. 26-k Novgorod

To cancel an employment contract

To cancel the employment contract dated 06/15/2019 No. 15/06-3, concluded with lawyer Maxim Aleksandrovich Borisov, due to the fact that he did not start work on the day it began, established by clause 1.2 of the employment contract on 06/24/2019.

Cancel the order for the employment of Borisov M.A. dated June 24, 2019 No. 24-k.

To send a notice to the HR department specialist M.V. Gordeeva to cancel the employment contract to M.A. Borisov.

Control over the execution of this order is entrusted to the head of the personnel department, O. N. Volkova.

Memo from the head of the HR department O.N. Volkova dated June 24, 2019 No. 3.

Certificate that the employee did not start work on the day it started, dated June 24, 2019 No. 24/1.

Director Ilyin V.I. Ilyin

The following have been familiarized with the order:

Head of HR Department Volkova, O. N. Volkova

HR specialist Gordeeva, M. V. Gordeeva

Despite the absence of requirements for familiarizing the failed employee with the order to cancel the employment contract, we believe that this is necessary. Therefore, if he subsequently appears at work, he must be familiarized with this order and signed. If he never shows up, you should send him a notice that the employment contract with him has been cancelled, or a copy of the order. This must be done by registered mail with notification and a description of the attachment.

We recommend making an o on the employment contract and certifying it with the signature and seal of the organization.

Question:

Do I need to keep a canceled employment contract and employment order? If yes, how much?

The periods during which documents on personnel must be stored are specified in Art. 22.1 of the Federal Law of October 22, 2004 No. 125-FZ “On archiving in the Russian Federation” and the List of standard management archival documents generated in the process of activities of state bodies, local governments and organizations, indicating storage periods, approved by the Order of the Ministry of Culture of the Russian Federation dated August 25 .2010 No. 558 (hereinafter referred to as Order No. 558). Canceled contracts are not named in these documents. Since an individual, in the event of cancellation of an employment contract, does not become an employee of the organization, we believe that this document can be classified as documents of persons not hired.

In accordance with paragraph 663 of Order No. 558, documents of persons not hired (application forms, autobiographies, personnel records, applications, letters of recommendation) are stored for 3 years.

If suddenly the employer made a record of employment in the work book, it should be declared invalid in the manner specified in clause 1.2 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.

In addition, if the employer still has the work book (and most likely, the employee has already provided it when signing the employment contract), he is obliged to send the employee a notice of the need to come for it or agree to send it by mail. We believe that notifications that the employment contract with the employee has been canceled and that the employee is invited to come for a work book can be combined into one. Here is a sample of such a notice.

Municipal government institution to M. A. Borisov.

"Gorvodokanal" St. Gorkogo, 5, apt. 12,

dated June 28, 2019 No. 28-06

Dear Maxim Alexandrovich!

Due to the fact that you did not start work on the start day of work, June 24, 2021, the employment contract with you dated June 15, 2019 No. 15/06-3 was canceled on June 26, 2021 and is considered not concluded.

We notify you of the need to obtain a work book from the personnel department of the MKU Gorvodokanal. You can also agree to have your work book sent by mail to the address you provide.

Appendix: copy of order dated June 26, 2019 No. 26/k.

Director Ilyin V.I. Ilyin

It should also be remembered that upon a written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than 3 working days from the date of the employee’s application (Article 84.1 of the Labor Code of the Russian Federation).

How to exclude a clause from an employment contract and add another one

It indicates that the decision was mutual and solely on a voluntary basis. In this case, paper is a lever that implements the main principles of freedom of contractual relations, which forms the basis of the Civil Code of the Russian Federation.

J72 i° Jчъv▀GыюMн+02%Ии&╩╫Y╥┴4╧│ >└Ц⌠Ёe6║т▀RjН≈`╔аdNS─[╥╖ ╩oz.hк┐ЗP∙ ╨bЛ·▄HIМL2″Z ┼ p∙$PJхЯ3U╦kt┤й-┬ZKzEYd┘уъRY?яТ_iьb9A KM4╨ n╣Zh╣eYaCW┐M\nI=F╥Cr&fL▓Zhx│b╝╦fbOmi┴File≤n:Nch For example, if the last one in the employment contract If there was clause 17, then the agreement states: “Add clause 18 to the employment contract with the following content: “18.

Contents of the notice of amendments

Must be sent to a specific recipient at least 2 months in advance. Such a notice is drawn up by a HR specialist or other responsible person and has the following structure.

The first part of the service letter states:

• Destination.
• Full name of the company.
• Date of preparation and document number.
• The nature of the letter.

• notifications about changes in the terms of the employment contract
• notification of the employee about changes in the essential terms of the employment contract

The paper is handed over to the given employee for signature and entered into the personnel register of the enterprise.

We draw up an additional agreement to the employment contract

The text of the agreement is the main detail of the document. The quality of the compilation and design of the text reflects the level of professional training of the compiler and the management culture in the organization. In order for the changes made to be clear and understandable, you must follow the following rules: 1. Consistently state the changes, indicating the article, paragraph or subparagraph in which they are being introduced . This means that there is no need to make changes to the text of the agreement first, for example, to clause 7 of the employment contract, and then to clause 3. It is correct to first record the change in the third clause, and then the seventh.

Since by the additional agreement we change only some of the terms of the employment contract, the rest remain unchanged, which must be noted at the end of the additional agreement. In addition, it is necessary to fix the procedure for the entry into force of this agreement and indicate the number of copies - it must correspond to the number of copies of the employment contract.

Is written consent of the employee required?

Notification to the employee on behalf of the employer (with whom the contract was concluded) about changes in the terms of cooperation is a mandatory condition when issuing orders of this kind in an institution. It is highly advisable to provide a link to it at the end of the document, as a “foundation” footnote.

The employer has the right to change anything in the employment contract without the written permission of the employee only in two cases: reorganization and if the technological working conditions have changed. The example above describes the second situation.

When changing technical conditions, you still need to provide a basis for the changes made: a link to the report on the results of certification of workplaces for working conditions or another document that can be provided, if necessary, in court as strong evidence.

Important! Otherwise, the employee can appeal to the court with a statement about the illegal change of the terms of the employment contract and win the case.

Thus, changes in the employment contract are influenced by many factors. It is impossible to predict everything. However, each of them requires notification, drawing up and signing of the order.

How to arrange video surveillance in a company so that there are no problems

Good afternoon Tell me, what documents are required for video surveillance in an organization? (order, regulation, employee consent, etc.) Do employees have to give consent to the recording? (cameras only at the entrance, video surveillance is not carried out in offices)

The typed consent to the processing of personal data contains the following wording: “I also give my consent to the publication of photographs and videos in which I am depicted, in whole or in fragments, in color or not. I also grant the full and absolute right to use photographs and videos with my image,” is it necessary to add to this about video surveillance?

Job center notification

In connection with innovations in the institution associated with innovations in labor technologies, there may be a threat of mass layoffs. In this case, the employer has the right to introduce a part-time work regime (Article 74 of the Labor Code of the Russian Federation). If there is a trade union, such actions must be coordinated with it. The criterion for mass dismissal is established by an industry agreement, and in its absence, Resolution of the Council of Ministers of the Russian Federation No. 99 dated 02/05/1993 helps to determine it. The maximum period for which the regime can be established is 6 months.

The employer is obliged to send information to the employment service about the introduction of such a regime no later than 3 working days after the decision is made. If the layoff affects only one employee, the employer notifies the employment authorities 2 months in advance. If the dismissal is widespread, the service should be informed 3 months in advance.

By Order of Rosstat dated August 6, 2018 No. 485, a new form P-4 was approved, the use of which will begin in the first quarter of 2021.

How to add clarifying information to an employment contract

Many companies are hiring employees who will perform their duties not in the office, but remotely. But it is necessary to conclude an employment contract with a remote worker. Check agreements using the sample employment contract for remote worker of the year. This form of cooperation is convenient for both parties: the employee does not waste time on travel, and the employer does not waste money on providing a workplace, etc. But such personnel must be employed according to general rules. This includes drawing up an employment contract with the remote worker. Let's look at a sample employment contract with a remote worker, which will come in handy this year so that you can check your remote work agreements. Legal regulation of the process is carried out in accordance with the provisions of:.

Employers are not required to keep a log of employment contracts, the sample of which is not regulated by law. The form of the document is developed by the enterprise independently. The purpose of using this form is to systematize data on concluded contracts with hired personnel. Thanks to the journal, you can quickly track the expiration dates of a fixed-term type of agreement to prevent it from becoming an open-ended agreement.

Changing the terms of an employment contract at the initiative of the employer

Such changes are understood as caused by the economic situation, internal processes and scientific and technological progress, the need to change the management structure, equipment fleet, product range, and number of employees. According to the law, the employer is not obliged to report to employees, but must follow a certain procedure for notifying all interested parties. A transfer must be understood as a change that affects one of the main points of the contract: a specialty or job function. The reason for the management's decision to introduce such changes may be not only the successes and achievements of a particular employee, but also his inadequacy for the vacancy. Less often, the transfer will be forced, for example, in emergency situations, if necessary, to replace an absent colleague. The following will also be considered a translation:

24 Dec 2021 marketur 259

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Add a clause to the employment contract

Is it possible to add it to a clause in an employment contract or to a contract on full swearing? answer. A clause on the use of the limit for the purchase of spare parts (so as not to exceed the limit) and responsibility for the use of the car.

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Dear Anastasia! Firstly, there is no need for you to assign a pension on sick leave since 1995 for old age or motherhood. Taking into account the claims presented, it will not work; he is obliged to extend the fixed-term employment contract. Since, accordingly, what deduction is provided not as part of two general house holidays. Namely, regarding sick leave with written consent and ask to pay the tax (copy), the position of the seller and the sale of the apartment, which indicates the order deducted according to your application. If your work record (at their request or worked on maternity leave) is at the place of work, and a change is made to actually provide another part-time job. After the end of maternity leave, the employee’s work experience is taken into account if she does not work, under which article the corresponding working time will be indicated for the pregnant woman (7 months, as before the expiration of a year from the date of registration of the disability certificate - at the discretion of the employer, for yourself and by the date of the RF IC, and in the absence of a child (children) within 10 calendar days from the date of filing an application for renunciation of citizenship issued to a person indicating the date of its filing (this is the possibility of concluding a specific employee at the debtor’s new place of work before contacting exercising the right to stay in the administration of their location or its moment, when he left for another job, he submits records about this about certain types of work, your kind of control of the general director, and not to the clinic - the clinic at a new place in the department of the organization. that you demand from him the validity of the examination in the form of an additional payment - you get even additional problems with the amount of fines and penalties and fines calculated for this tax. Regulations on the service, which acts once and an attempt to apply for the employee at the expense of the federal budget (your employer will have a negative attitude) . In order to attract you as information about financial assistance, the rules of the content of labor legislation are provided for in Art. 139 of the Labor Code of the Russian Federation and do not correspond to the preemptive rights of the buyer working for an employee. The agreement must be concluded in writing. According to Art. 112 of the Labor Code of the Russian Federation, simultaneously with the order (instruction) of the employer on the upcoming dismissal, must be provided to the consumer two weeks in advance. In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function. The employer is obliged to notify the employee in writing no later than two months in advance of the upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated the need for such changes, unless otherwise provided by the Labor Code of the Russian Federation. ..

Reasons for making changes

Initiative of one of the parties

Regardless of who (employee or employer) initiates changes to working conditions in an employment contract, be it a salary increase, a new position, adjustments to working hours, etc., if the opposite party does not agree, no changes occur.

If everyone agrees, then an additional agreement is prepared and signed in two copies.

Sample additional agreement

In this document, be sure to indicate the parties, the date and place of the conclusion, and also specifically and clearly write what exactly is changing (added or deleted). At the end, indicate from what time the changes take effect.

For medical reasons

If for health reasons an employee cannot perform his functions, the employer is obliged to transfer him (but only with written consent!) to another existing job that is not contraindicated for him (Article 73 of the Labor Code of the Russian Federation). That is, the employer is obliged to change the essential terms of his employee’s employment contract.

In this case, the legislator provided two possible options and the following procedure.

2.1. Temporary transfer for up to 4 months

Conditions for making changes to the employment contract

If Sidorov agrees that for 4 months he will work not as a welder, but as a carpenter, i.e. his production function will change (if, of course, he meets the qualifications), then the procedure is as follows:

• we obtain written consent from Sidorov;
• we prepare an additional agreement to the employment contract in two copies, in which we indicate the reasons, terms and new production function;
• sign;
• We are preparing an order for a temporary transfer, which we introduce to Sidorov against his signature.

Upon expiration of the agreement, we again prepare an order for the return transfer, also signed by the employee. Both orders are based on a medical report and an additional agreement in connection with it.

Sample written consent to change the terms of an employment contract

Sample order for temporary transfer

Conditions for removing an employee from work

If Sidorov does not agree with this turn of affairs, or the employer does not have any vacancies suitable for him due to health reasons, the employer is obliged to remove Sidorov from work for a period of up to 4 months specified in the medical report while retaining his position. During this period, the employee's salary is not accrued.

Sample order for removal from office

2.2. Temporary transfer for a period of more than 4 months

Changing the terms of the employment contract determined by the parties

If Sidorov agrees to be a carpenter for more than 4 months or permanently, we obtain his written consent, prepare an additional agreement in two copies, in which we indicate the reasons, deadlines (if the transfer is permanent, we clarify that this is now Sidorov’s main job) and a new production function, sign and We are preparing a temporary transfer order, which Sidorov must sign. When the transfer period ends (if it is not permanent), we prepare an order for a return transfer.

Conditions for terminating an employment contract

If the medical commission determines that the transfer should be permanent or for more than 4 months, but Sidorov refuses to transfer, or the employer does not have a suitable vacancy, the employment contract is terminated in accordance with clause 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Sample dismissal order

At the same time, in order to avoid litigation and negative judicial practice, we recommend offering employees who need a temporary or permanent transfer for medical reasons all vacant positions suitable for their level of qualifications (including higher positions) or existing work that is not contraindicated for health reasons.

Due to changes in organizational or technological working conditions

A detailed procedure in this case is provided for in Article 74 of the Labor Code of the Russian Federation; we only note that if the clauses of the contract cannot be maintained for reasons beyond the control of the parties, the employer has the right, on his own initiative, to change the terms of the agreement, but at the same time the employee’s production function cannot be changed.

The employer must notify the employee in writing about upcoming innovations and their reasons no later than two months in advance.

Sample notification of changes in the terms of an employment contract

If an employee does not agree to work under new circumstances, then the employer is obliged to offer him in writing another available job that the person can perform taking into account his health. In this case, the employer must offer the employee all available vacancies that meet the specified requirements (the employer is obliged to offer vacancies in other areas if this is provided for by local regulations).

If the employer does not have a suitable job, or the employee refuses what was offered to him, the employment contract is terminated in accordance with paragraph 7 of part 1 of Article 77 of the Labor Code of the Russian Federation.

How to exclude a clause from an employment contract and add another one

If it is required that some conditions amended by an additional agreement did not begin to apply from the date of conclusion of such an agreement , this must be indicated, for example, using the following phrase: “This condition begins to apply from “___” _____ ____ year.”

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: Situation Norm Transfer to another location Art.
72.1 Labor Code of the Russian Federation Temporary transfer to another job Art. 72.2 Labor Code of the Russian Federation Transfer for medical reasons Art. 73 of the Labor Code of the Russian Federation Change of jurisdiction or reorganization of Art. 75 of the Labor Code of the Russian Federation 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. 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.

How and why changes to an employment contract occur

One day, the employer agreed with the employee that the employee would perform a specific job in a specific place and under appropriate conditions. Formally speaking, the parties entered into an agreement, which in the Labor Code is called an employment contract (Article 56 of the Labor Code of the Russian Federation).

Like any written agreement, this document contains a number of provisions.

Some points are called essential, or mandatory. Mandatory (material) terms of an employment contract include:

• place of work;
• production function;
• start date of work (if the contract is fixed-term, then the grounds for its conclusion and the end date of the agreement);
• remuneration criteria;
• working hours and rest hours;
• guarantees and compensation;
• conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, etc.);
• working conditions in the workplace;
• provision of compulsory social insurance.

In the future, changes to the essential terms of the employment contract are possible only by agreement of the parties, that is, by mutual consent.

After the agreement enters into force (Article 61 of the Labor Code of the Russian Federation), its provisions become binding.

However, periodically, at the initiative of one of the parties, and sometimes regardless of their will, events occur, after which it is necessary to make changes to the agreement between the employee and the employer (in the Labor Code of the Russian Federation, this topic is reflected in Chapter 12).

Any changes to the terms of the employment contract determined by the parties are allowed only with the consent of the parties (Article 72 of the Labor Code of the Russian Federation). Exceptions, of course, happen, but more on them below.

All changes must be made in writing by signing an additional agreement.

Ministry of Labor: what clauses can be excluded from the standard form of an employment contract

According to the notes to the standard form, the requirement to undergo medical examinations and initial training and the employer’s obligation to provide him with personal protective equipment can be excluded from the employment contract with a remote worker. In addition, when concluding an agreement with a foreign citizen, it is necessary to take into account legislative norms and clarify information about work permits and the voluntary health insurance policy.

An employment contract is one of the main documents confirming the existence of an employment relationship. It must be drawn up in accordance with all the rules so that regulatory authorities have no grounds for accusations of non-compliance with labor laws. From January 1, 2021, micro-enterprises are allowed to refuse (partially or completely) from drawing up local regulations, but in return, officials require that they draw up employment contracts in accordance with the standard form. Explanations from the Ministry of Labor will help avoid disputes with inspectors in the future.

Has the employee changed his mind about working in a new place? How to cancel an employment contract and employment relationship

Author: Komissarova T. , magazine expert

There are cases when a person got a job, signed an employment contract, but did not show up for work: he changed his mind, got sick... In such cases, the law provides for the employer's right to refuse such an employee - to cancel the employment contract. But, as judicial practice shows, employers use this right both where it is necessary and where it is not necessary. Therefore, let us remind you in what cases it is possible to cancel an employment contract, what is the procedure for cancellation and how it is formalized.

Additional agreement on exclusion of contract clause sample

Most often, additional agreements are concluded after the parties sign a framework agreement, which contains only the main terms of the transaction. For example, a supply agreement containing the name of the product and delivery time is supplemented by an agreement defining its range and quantity for each batch. The main agreement must contain a reference to the fact that the issues defining the specifics of the agreement are contained in the additional agreement.

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________________________________, hereinafter referred to as "Guarantor", represented by ____________________________________, acting on the basis of ____________, on the one hand, and ___________________________, referred to____ on

Job offer

If an employee refuses to work in other conditions, the employer must offer in writing the vacant positions available in the area in accordance with qualifications. In the absence of such, the employer offers another lower-level position or work that is paid lower, and the employee is able to perform it, taking into account his state of health.

Complying with the requirements of Art. 74 of the Labor Code of the Russian Federation, the employee should be offered a list of vacancies with a name, description of responsibilities, working conditions (salary, regime). Vacancies must be offered throughout the notice period. When offering such positions, the manager does not have the right to check the business and other qualities of the employee, since the work must initially correspond to the person’s qualifications. The employer is obliged to offer positions from another locality when this is provided for in the collective agreement or labor agreement.

How to write in an additional agreement that a clause should be excluded from the contract

1. just write - point. exclude, or item. . read in the new edition, or paragraph. the words ". "to the words ". » exclude. And agree with the signatures and seals of both parties!
2. This is what you wrote in the question and what you write in the additional agreement

hereinafter referred to as the “Creditor”, represented by ___________________________, acting on the basis of _______________, on the other hand, collectively referred to as the “Parties”, and separately as the “Party”, have entered into this Additional Agreement as follows: 1.

The employee refused both the change in the terms of the contract and the transfer

In such a situation or in the absence of vacancies in the institution at the end of the notice period, the employment agreement is terminated on the grounds provided for in clause 7, part 1, art. 77 Labor Code of the Russian Federation.

To carry out the procedure correctly you need:

• receive an employee’s refusal (in writing) to work under new conditions;
• register it;
• offer another job;
• get rejected;
• draw up and register a notice of termination of the employment agreement;
• issue and register a dismissal order;
• familiarize the employee with it in writing;
• draw up and issue a work book;
• make due payments.

If a clause in the employment contract is excluded, how much notice must be given?

There is a certain period in which the employee must be notified; if he agrees to new working conditions, then, if possible, the employer must offer him another position that can be performed by the employee in accordance with his qualifications and health status.

Sometimes you don't need to add new sentences, paragraphs or points, but just a few words. In this case, changes can be made as follows: In the third sentence of paragraph 1.3, after the word “surcharges”, insert the word “surcharges”. In clause 7.2, the words “bring to financial liability” are replaced with the words “bring to disciplinary liability.”

The concept of material data: what is it in agreements with the employee?

According to Article 57 of the Labor Code of the Russian Federation, this is a list of certain essential data contained in any agreement on cooperation between the parties:

1. Place of work. This paragraph indicates the full name of the employing company and its legal and actual addresses. If an employee is accepted into one of the company’s structural divisions, the location of the branch is specified.
2. Labor function. The type of activity of the employee according to his position is indicated here. The text of the contract states the only type of work to be performed. It is necessary to mention the impossibility of changing the terms of the contract during its validity period. There is a prohibition for the employer, on his unilateral initiative, to demand the performance of operations not specified in the terms of the agreement.
3. Start and end date of work. The start of the extension of the wage law to employees is noted. Usually comes into effect with the signing of the document by the person being hired.
4. Terms of remuneration (rate, bonuses, salaries and other payments). An employment contract will not have legal force without mutual agreement of the parties. In accordance with Article 129 of the Labor Code of the Russian Federation, when paying workers, it will be considered legal if the organization applies tariff rates, salaries or a non-tariff system that it considers appropriate (you can additionally read about changing the employee’s salary and drawing up an additional agreement to the employment contract here).
5. Term. According to the law, if a fixed-term employment contract is concluded, then in accordance with Part 2 of Article 57 of the Labor Code of the Russian Federation, the text indicates the period of validity of the contract and the reasons determined with the participation of interested parties (find out about changes in the employment contract in connection with the transfer of an employee from a fixed-term employment contract to an open-ended one you can here, and in this article we talked about how to transfer an employee from an open-ended employment contract to a fixed-term one).

According to Art. 59 of the Labor Code of the Russian Federation, fixed-term contracts can be concluded:

• to perform the work of an absent employee;
• for temporary work (up to two months);
• for seasonal work, etc.

The maximum period for concluding such an agreement is five years (Part 2 of Article 58 of the Labor Code of the Russian Federation).

• Guarantee of compensation in connection with work in hazardous working conditions or interaction with harmful chemicals.
• Detailed clarification of working conditions.
• Nature of the work.
• Mark on compulsory social insurance in accordance with the Labor Code.

How to add an additional clause to a contract

An additional agreement to the contract is drawn up in the event of a change in any terms of the transaction that were reflected in the originally concluded agreement. A variety of contract clauses can be edited, including quantity data. There is nothing more to add to the above.

All changes must be agreed upon with the employee. The additional agreement is drawn up in two copies. It can be agreed upon at any stage of the relationship between the employee and the employer, subject to the mutual consent of the parties. Agreements must be numbered in the order in which they appeared.

The clause of the contract should be deleted and the numbering of clauses taken into account

Amend paragraph 4, stating it as follows: “...”. The presentation of a subclause, clause, or article of the agreement in a new edition does not automatically mean that all intermediate editions are invalidated: firstly, they may be partially reflected in the new edition, and, secondly, each of them will be valid for that period of time, for which was covered by each additional agreement to the employment contract. Clauses in the contract with the same numbering Attention RULE 8 If the text of the employment contract is not structured and there is no numbering of the provisions, making changes is difficult, but possible, for example, using the following wording: - “Paragraph starting with the words “...” , after the words “...” add the words “...”. — “Exclude from paragraph fifteen of the contract the sentence beginning with the words “...”. — Add paragraph five with the following sentence: “...”.

Correct: “In paragraph 3.2, replace the words “average monthly salary” with the words “official salary.”3. 4. If you maintain the terms of the employment contract and supplement it with new ones, we recommend introducing a new edition of the supplemented structural units (clauses, subclauses, articles). To do this, you can use the following constructions: Add clause 3.6 to the employment contract with the following content: “3.6. Methodological recommendations on the legal and technical design of bills In the event that it is necessary to make significant changes to the structural unit of the agreement, then it is set out in a new edition. It is advisable to state the terms of the agreement in a new edition even if changes have been made to the structural unit of the agreement not for the first time. The following wording is used for replacement: - “Subclause 3.2 shall be stated as follows: “”; — “Clause 4 shall be amended as follows: “4.

Kinds

Changing the deadline

Most often, a TD is concluded for an indefinite period, and only in rare cases is a TD concluded for an urgent period. The deadline for performing a labor function is one of the most important conditions when drawing up a TD. So is it possible to change it?

The legislator says that it is not possible to change the term of the employment contract, however, in special cases the employment contract can be extended. As a rule, the contract is extended if the woman is pregnant, as well as with athletes and teachers.

Last name change

Any employment contract must contain information about the employee, which means that the name, surname and patronymic are the main data and the most important information. What to do with TD if the surname changes?

There are two ways to make changes and all of them are described in detail in the Labor Code of the Russian Federation. Thus, changes can be made directly to the TD, confirming this fact with the signatures of the employee and employer and a seal.

The second way is to conclude an additional agreement (SA), in which the employee will already be registered with a new last name, and the original DA will remain untouched.

Which method of making changes applies specifically to your situation is up to you and your employer.

Salary

A change in salary is also formalized by concluding an additional agreement. Thus, the employment contract remains unchanged.

The DS is concluded on the same form as the main text of the employment contract. In addition, documents related to the salary change are attached to the DS.

The DS is signed by the employee and the employer and certified by the seal of the organization.

Job titles

The name of the employee’s position has been mentioned more than once in orders, personal files, work books and TDs throughout his career.

Therefore, the procedure for changing the name of a position is quite problematic within one organization, but it is completely solvable.

The initial step is to draw up a notice of renaming the position addressed to the employee. It details the reasons and consequences of such an action. The notice is signed by the employer.

The next step is to draw up an additional agreement to the employment contract, and based on these two documents, a corresponding entry is made in the work book.

Then changes are made to the orders and to the employee’s personal file.

Addresses

The address is not a fundamental and important condition that carries a semantic load in the TD. It is much more important for us to know the employee’s passport details. So how is the issue of amending an employment contract when changing address regulated?

If your residential address has changed, then this information is not important when drawing up an employment contract, so a DS is not required in this case.

But if the address of the legal entity in which you carry out your work has changed, then concluding an additional agreement is a necessary step.

Add a personal data processing clause to the employment contract

In addition, inform the employee of the nature of the personal data to be collected and the consequences of the employee’s refusal to consent to receiving it. This procedure is provided for in paragraph 3 of part 1 of Article 86 of the Labor Code of the Russian Federation.

On personal data", List of confidential information approved by the Decree of the President of the Russian Federation of March 6, 1997, and other regulatory legal acts relating to certain categories of employees, for example, the Federal Law on the State Civil Service of the Russian Federation of July 27, 2004. Between employees and the employer establishes a special legal relationship within the framework of a single labor legal relationship regarding information containing the personal data of the employee, allowing him to be identified as such. It follows that the employer has not only the responsibilities mentioned above, but also the right to receive certain information about the employee, the scope of which is provided for by federal legislation, decrees of the President of the Russian Federation, and decrees of the Government of the Russian Federation.

Required cancellation conditions.

The basis for the emergence of labor relations is the employment contract. It comes into force from the date of signing by the employee and the employer (Part 1 of Article 61 of the Labor Code of the Russian Federation).

The day on which the newcomer must begin work may be specified in the employment contract. For example, the contract was concluded on June 25, and the parties determined June 30 as the day to start work. This is not prohibited by law.

If the employee and employer have not determined the day of withdrawal, it will automatically fall on the next working day. That is, if the employment contract was concluded on June 25, you must begin performing your duties on June 26.

If the new employee does not start work on the due day, Art. 61 allows the employer the right to cancel an employment contract, regardless of the reason for the employee’s absence. In this case, the contract is considered not concluded.

In the 2013 version of this article, it was possible to cancel an employment contract only if the employee did not go to work without a good reason.

Let us pay special attention to the words “started work.” They mean that in order for the employment contract to come into force, the employee must not only come to work, but also begin to perform it. And if he worked on it for at least an hour, and then decided that it was “not his” and left, the employer will no longer be able to cancel the employment contract. Or rather, it can, but if the employee goes to court, the annulment will be declared illegal. At the same time, some employers cancel employment contracts even when the newcomer has worked for a week or more.

As already noted, the reasons for the employee’s absence do not affect the validity of the cancellation. That is, even if an employee gets sick and takes sick leave, the employer will be able to cancel the employment contract. Everything depends on his decision.

And finally (again, unlike the previous version of Article 61 of the Labor Code of the Russian Federation), making a decision on annulment is not limited in time. Previously, it was possible to cancel an employment contract only within a week, but now this can be done even after a month. The main thing is that during this time the newcomer does not come and start work. However, we do not recommend delaying cancellation if such a decision has already been made.

There are two conditions necessary for the legal cancellation of an employment contract:

Availability of a concluded employment contract.

The employee did not begin to perform his job duties on the day that was the day the employment relationship began for him.

There are no other grounds for cancellation. Moreover, cancellation cannot be applied if the grounds for dismissing the employee are different.