In the course of employment, it may be necessary to amend the employment contract. Such changes may relate to different terms of the contract and be caused by different reasons.
On the issue of the procedure for amending the employment contract, the opinions of specialists were divided. Some believe that such changes in the employment contract as the name of the employee or the address of the employer should be made by analogy with the changes in the work book, that is, directly in the original text of the contract. Other experts believe that it is necessary to conclude an additional agreement to the employment contract indicating the changes. At the same time, as practice shows, both options are quite acceptable.
As for such changes in the terms of the contract as transfer to another job at the request of the employee, their introduction is allowed only by agreement of the parties.
The employee must issue an appropriate statement indicating the reasons, the nature of the changes and the timing of their introduction. If the employer agrees with the changes proposed by the employee, the parties sign an additional agreement to the employment contract. If necessary, the employer issues an appropriate order, makes entries in the work book and the employee's personal card.
It is important to note that there are cases when the employer does not have the right to refuse the employee to satisfy the request to change the terms of the employment contract (Article 93 of the Labor Code of the Russian Federation).
In cases where the employer is the initiator of amendments to the contract, he must issue an appropriate order. On the basis of such an order, the employee is sent a proposal to change the conditions previously specified in the employment contract. If the employee does not agree to the changes proposed by the employer, the terms of the employment contract remain the same.
The employer can unilaterally change the employment contract when the organizational or technological working conditions change (Article 74 of the Labor Code of the Russian Federation). There is no list of organizational and technological working conditions enshrined in the law. These include, for example, the introduction of various forms of work organization, changes in the management structure, work and rest regimes, changes in wage systems, the introduction of new production technologies, improvement of jobs, etc.
In cases of unilateral change in the terms of the employment contract, the employer must comply with the warning procedure provided for by the Labor Code of the Russian Federation.
If the employee agrees to be transferred to a vacant position, the employer must conclude an additional agreement, issue a transfer order, make entries in the work book and personal card. Otherwise, the employment contract is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Upon dismissal on this basis, the employee is paid a severance pay in the amount of two weeks' earnings.
Change of place of work is formalized by an additional agreement. When changing the name of the position, amendments are also made to the work book and the employee's personal card.
Changing the term of an employment contract repeatedly, you should remember that it can turn into an indefinite one if changes are made after the expiration of the contract and the total duration of the contract exceeds five years.
