How to draw up an additional agreement to an employment contract in order to please the director, auditor, employee and not violate labor laws? Life presents many questions related to the transfer from one post to another, changes in salaries, replacements, etc. It is impossible to foresee all real life situations in the Labor Code, therefore it is provided that all changes are made out by additional agreements.
On the other hand, situations often arise when salary increases occur regularly, several times a year, the team is rather big. A lot of papers are being drawn up; one has to write more than one additional agreement to the employment contract.
Changes to the contract drawn up at the time of hiring can be made only with the consent of the employee, and this must be documented, as it is a mandatory part of the labor contract.
When is an additional agreement to an employment contract compulsory?
- The employee is transferred to another job.
- Any conditions in the employment contract are changed.
- Changes are taking place in the form of ownership of the enterprise or its owner is changing.
Is it possible to transfer an employee without his consent? It is impossible, he will win the dispute in court, it is better to immediately terminate the contract without legal proceedings. An alternative is to draw up and sign a temporary transfer agreement, but again, only by mutual agreement. The term of temporary work is over. Is it possible to transfer the employee back? It is possible, with his consent, and also must be drawn up an additional agreement to the employment contract on the transfer to another position. The form of the agreement is the same as for the change in salary, only the first paragraph is set out to change the position, the second - salary.
In general, it is clear that all steps associated with moving an employee on a staffing table must be accompanied by paperwork signed by both parties. This is due to the fact that, along with movements, the salary (or piecework payment) usually changes, and the employee must know how much money he will receive on the day of his salary.
How to draw up an additional agreement to the contract
Most often, misunderstandings arise precisely when an additional agreement is drawn up to an employment contract for a change in wages. The legislation provides that it is necessary to familiarize the employee with the changes (under the signature).
The general view of such an addition is not complicated. Ordinary preamble: Supplementary Agreement (if not the first, then No.). "LLC Buttercup in the face (name) based on ...", everything is as usual. Then the name of the employee, concluded ... and so on. And then point by point:
- Make changes to the TD from ___ No.__, state paragraph .___ in the following edition: (any clause of the contract is changed)
- The agreement comes into force ...
- This agreement is (hereinafter referred to as an integral part), TD - details.
Date, signature.
Then a memo signed by the head and an order from the personnel department to change the staffing table. This is in the case of an increase in salary. The employee needs to be warned about lowering in advance, and how to act in this case - read the Labor Code.
How to avoid paperwork?
- Ask the programmer to make additional forms in order to be able to quickly print everything.
- Some lawyers (personnel officers) avoid paperwork, initially prescribing in the contract the condition that with an increase in salary, but without changing the position, additional agreements are not required.
- When hiring, a local internal act is indicated in the main labor contract, which has the force of an additional agreement. This local internal act during the period of change of salaries is given for signature to each employee. Whether such an act will be arranged by the labor inspector is unknown.