An additional agreement is a document securing any changes in labor relations, that is, changes to any clause of an employment contract. An employment contract is governed by article 67 of the Labor Code of the Russian Federation and is a bilateral agreement. Therefore, any changes must be made with mutual consent. The document is signed by two parties and is an annex to the main contract.
It is necessary
- - written notification;
- - written consent of the employee (if labor functions change or additional responsibilities are introduced);
- - additional agreement in duplicate;
- - order.
Instructions
Step 1
The employer is obliged to notify the employee of all changes in labor relations two months before the planned changes. The employee must put his signature on the notification, which will mean that he is familiar with the upcoming changes.
Step 2
An employment contract may be accompanied by as many additional agreements as is required to change any clause of the contract itself during the entire period of the employment relationship.
Step 3
Before familiarizing the employee with the supplementary agreement, the employer must obtain written consent from him that he is not against changes in the employment contract and agrees to work under the new conditions. Consent is needed only in cases of significant change in labor functions or when transferring to another position, as well as to another structural unit or to another locality. In all other situations, the signing of the agreement is the employee's consent.
Step 4
The additional agreement should indicate the date, month, year of compilation, the full name of the organization, the details of the employee and his position. Also enter the number of the main contract, all the points for which the changes have occurred and the grounds for making the changes. If the conditions do not change under other clauses, it should be indicated that all other clauses of the main contract are considered unchanged. One agreement may indicate several clauses of changes with a detailed description of them.
Step 5
If the changes affected wages, then the document indicates the new amount of salary or tariff rate and the grounds for lowering or raising wages.
Step 6
When temporarily transferring an employee to another position or when combining the main position, it is necessary to indicate the date of the transfer, the start and end date of the performance of labor functions. If the period is not specified, then on the basis of an additional agreement, the transfer is considered indefinite.
Step 7
The document is signed by the employee and the employer. One copy of it is attached to the employee's employment contract and remains in his hands, the second - with the employer. A supplementary agreement without an employment contract is not considered valid.
Step 8
The employer issues an order, which indicates all the changes made to the main contract, the grounds for the changes. Provides a number and signature. The order is introduced to the employee and the accounting department if the changes concern an increase or decrease in wages.
Step 9
If the employee does not sign an additional agreement or does not agree with the changes, he has the right to terminate the employment relationship without the due period of work.
