Supplementary agreement to employment contract on changing the working hours of an employee » » 20 (name locality), TIN, (full name legal entity with an indication of the organizational and legal form) PSRN, in a person acting on (indicate the position and full name of the authorized person) on the basis, referred to in (name of the document confirming the authority, for example, charter, etc.) hereinafter "Employer ”, on the one hand and, (full name) passport, issued, subdivision code (indicate the series and (name of the authority, passport number) that issued the passport), registered (th) at the place of residence at the address:, referred to (th ) hereinafter "Employee", (indicate the full address) on the other hand, being the Parties to the employment contract N from "" 20, have concluded this additional agreement as follows: 1.

Agreement to amend the employment contract

Attention

The financial crisis created serious problems for employer companies. In the current realities, many leaders are thinking about more rational distribution resources for their effective use. So, in order to save money, technological and organizational working conditions are changing.

For example, an employer approves for all or some employees a part-time working day or working week. The need for the production of such actions may be caused by other problems or tasks of the employer. Changing the working hours is formalized in two ways: by decision of the parties or unilaterally by the employer, if there is a legally approved basis for the production of such operations.
The procedure itself will depend on which of these options is valid in a particular case.

Additional agreement on changing the working hours

It is necessary to distinguish these situations from cases of approval for an irregular worker. In such a situation, a person is occasionally involved in the performance of labor duties outside the norm of the working period. As compensation, he receives 3 extra days to vacation.

Important

Temporary A change in working hours may be needed for a short period. For example, in the summer - this is very important when employees go on vacation and need to be replaced. Several situations are possible here:

• execution of an additional agreement with a certain period actions (by agreement of the parties);
• registration internal combination for a specific period (maybe for one day or a month), which also implies the conclusion of an additional agreement to the employment contract.

Constant Constant transformation of the operating period mode is carried out in the general manner.

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The employee is set the following working hours: (modes provided for by Articles 101 - 105 of the Labor Code Russian Federation) with the provision of a day off (s). Start time: . Finishing time: . During the working day, the Employee is given a break for rest and food from noon to noon, which work time does not turn on. 2. This Supplementary Agreement comes into force at the moment of signing and is an integral part of the Employment Contract dated » »
N. 3. This Supplementary Agreement is made in two copies having equal legal force, one for each of the Parties. 4. In everything that is not provided for by this Supplementary Agreement, the Parties are guided by the Labor Agreement. Employer: , address: , TIN / KPP / , r / s v, BIK.

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Here, employees are also able to influence this condition when there are no grounds for their unilateral change by the employer. How to change? General rules and procedure Changes in the schedule of the working period are made in different ways, depending on the basis for the implementation of such transformations. So, if the transformations are made by mutual decision of the employees and the employer, then it is necessary to draw up new additional agreements.

They may differ depending on the procedure for approving working hours in the documents of a particular company. If changes are made to the PVTR, then an order is issued to carry out the relevant actions, then an agreement is drawn up. New mode will be valid for the employee from the date of signing the supplementary agreement.

This is very important, especially when the transformations concern more than one employee.

Changing working hours

In the main part of the document describing the changes, the new work schedule is indicated with a reference to the document that puts this adjustment into effect in the life of the company. For exclusion different interpretations the record is given in the most complete and detailed way, for example: The employee is assigned five working days a week from Monday to Friday in the amount of forty hours a week. Days off: Saturday and Sunday holidays according to the labor calendar of the current year.

Time daily work is eight hours. The operating mode is set from 9.00 to 18.00. Of these, lunch and rest time is allocated from 13.00 to 14.00. If the rules for granting annual paid leave change, then this information is also described in detail in the document.

When performing the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of rubles. (amount in figures and words) 4. This supplementary agreement is an integral part of the employment contract N from » » 20 and comes into force from » » 20. 5. This supplementary agreement is made in two copies, each of which has equal legal force .

Info

One copy of the agreement is kept by the Employer, the other by the Employee. Signatures of the parties: Employer: (position) (signature) (surname, initials) m.p. Employee: (position) (signature) (surname, initials) A copy of the supplementary agreement to the employment contract N dated » » 20

received (a): » » 20

Additional agreement on changing working hours sample

It indicates the reason for the transformation - the need to transform the working hours. Also, the head makes an order - to approve the PVTR in new edition and enter into appropriate agreements with employees. In the second case, the order to change the working hours must necessarily indicate the reason for the unilateral change in this condition. It also contains the text of the transformations. If the working hours are approved in the PVTR, then in this order you can make an order to amend the local act. Example of an order: Supplementary agreement (sample) Supplementary agreement is approved in accordance with the general procedure. The document itself is compiled according to the same rules that we discussed above. If the employees do not agree If the employees still do not agree to perform their labor function in the new conditions, then they will be offered vacant positions at this enterprise.
In such a situation, the causes are not identified. The contract is a free document that defines the conditions for interaction between the employee and the employer. If it contains provisions that do not contradict labor legislation, then it is recognized as valid. Accordingly, the employee and the employer are not limited in their ability to transform the order of interaction with each other. Also, the basis for the transformation of the regime of the working period is the initiative of either the employer or the employee. Let's take a closer look at the reasons behind this decision. Employee initiative When can an employee take such initiative? Similar situations are defined in Article 93 of the Labor Code of the Russian Federation.

Additional agreement on changing working hours sample

The structure of the supplementary agreement to amend the employment contract The structure of the supplementary agreement to amend the employment contract consists of standard blocks adopted in office work. First, the parties between which the agreement takes place are indicated. Namely - the employer and the employee with the designation of the last name, first name and patronymic. These data are supported by the indication of positions. Secondly, a link is made to the document to which this agreement is attached, indicating its details: number and date. Thirdly, the text of the agreement itself. What has changed and what have the parties agreed on. Fourthly, the obligatory mention that the remaining clauses of the previously concluded employment contract remain in force. Fifthly, the date from which the agreement enters into force is indicated. Sixth, the final part of any document, namely the details of the parties.

Additional agreement on changing the working hours sample

That is why it is necessary to carefully comply with all the requirements of the legislator. In case of violation of the procedure for carrying out the procedure, adverse consequences for the employer may occur. Notification (sample) All employees who are affected by the changes should receive a notification.

This fact confirms their painting. If an employee refuses to receive a notification, then this circumstance should be recorded in an act. Notice in such a situation shall be sent by mail with acknowledgment of receipt. Example: Order (sample) An order in the process of changing the regime is issued in 2 cases:

• the need to make adjustments to the PWTR;
• the employer makes changes unilaterally.

In the first case, the order is necessary, since it approves the fact of making changes to the local act.

Due to production needs, some employees change their working hours for a month, is it necessary to conclude an additional agreement with these employees to an employment contract or is it enough to issue through an order CEO?

in this situation, it is necessary to draw up an additional agreement, since changing the work schedule is an essential condition of the employment contract.

Labor relations between the employee and the employer are built on the basis of an employment contract

In order to switch to shift work, the employer must: issue an order for the introduction of shift work ; reflect the condition on the introduction of a shift regime in the Labor Regulations or the collective agreement (h. 1 st. 100 TK RF); draw up a shift schedule (h. 2 tbsp. 103 TK RF); prescribe a condition on the introduction of shift work in the employment contract with the employee (h. 1 st. 100 , par. 6 o'clock 2 tbsp. 57 TC RF).

Changing the work schedule refers to the organizational working conditions.

The organization is obliged to notify the employee of the upcoming changes related to the change in organizational or technological working conditions, as well as the reasons that necessitated such changes, against signature. This must be done no later than two months before the introduction of such changes. This is stated in part 2 of article 74 of the Labor Code of the Russian Federation. If the employee agrees with the upcoming changes, it is necessary to draw up an additional agreement to the employment contract.

The rationale for this position is given below in the materials of the System Glavbukh and System Personnel

When is shift work introduced?

• duration of the working week;
• length of daily shift, including part-time shift;
• start and end time of work;
• time of breaks in work;
• number of shifts per day;
• alternation of working and non-working days.

The shift schedule is binding document for the parties to the employment contract, therefore, the organization does not have the right to engage an employee to work outside the schedule, with the exception of some cases of involvement in overtime work (Art. 99 , 103 TC RF).

Attention: draw up a shift schedule so that the employee’s working time does not exceed the normal number of hours for this category of persons for accounting period. Therefore, overtime work cannot be included in the shift schedule. The hours worked by the employee overtime, determine on the basis of the time sheet. At the same time, it should be taken into account that overtime work should not exceed for each employee four hours for two consecutive days and 120 hours per year 1 , 6 Art. 99 of the Labor Code of the Russian Federation).

Nina Kovyazina,

deputy director of the department

education and human resources of the Ministry of Health of Russia

Form of employment contract*

Labor relations between an employee and an employer are built on the basis of an employment contract (Article and Labor Code of the Russian Federation). Therefore, in the contract it is important to take into account all the conditions that affect the interests of both parties.

In this section, include conditions on the duration of annual paid leave and the provision of additional paid leave. For example, if an employee has an irregular working day, then he is entitled to an additional paid leave of at least three calendar days (part 1 of article 116, article 119 of the Labor Code of the Russian Federation).

Ivan Shklovets,

Reasons for change*

The need to amend an employment contract arises when the information or conditions contained in it change. At the same time, it does not matter which conditions of the employment contract are changing: mandatory or additional.

It is possible to make changes to an employment contract only with the mutual consent of its parties (Article 72 of the Labor Code of the Russian Federation). At the same time, both the employee and the employer can be the initiator of changes (Chapter 12 of the Labor Code of the Russian Federation).

The supplementary agreement is an integral part of the employment contract. Therefore, make it in duplicate - one for each side. The fact that the employee received his copy of the supplementary agreement will confirm his signature on the copy of the employer. This conclusion allows us to draw part 1 of Article 67 of the Labor Code of the Russian Federation.

Special cases of changing the employment contract*

In some cases, before drawing up an additional agreement to an employment contract, it is necessary to complete a number of procedures provided for by law. In particular, this applies to changes in the employment contract for reasons related to:

• transfer of an employee to work in another locality together with the employer (Article 72.1 of the Labor Code of the Russian Federation);
• temporary transfer of an employee to another job (Article 72.2 of the Labor Code of the Russian Federation);
• transfer of an employee to another job in accordance with a medical report (Article 73 of the Labor Code of the Russian Federation);
• change in organizational or technological working conditions (employee's labor function.

  If the supplementary agreement is not executed in a timely manner, but the employee continues to work under the new conditions after notification of the changes, this means that the employee has actually agreed to such changes. The legality of this approach is confirmed by the courts (see, for example, the appeal ruling of the Moscow Regional Court dated March 12, 2013 No. 33-3298/2013).*

  If the employee does not agree to work in the new conditions, then the organization is obliged to offer him another job, including a lower and lower paid one, if the organization has suitable vacancies. You only need to offer the employee vacancies that the employer has in the area. It is necessary to offer vacancies in other localities only if it is provided for by the collective (labor) agreement, other agreements. This procedure is enshrined in Part 3 of Article 74 of the Labor Code of the Russian Federation.

  If the employee refuses to work in the new conditions or there are no suitable vacancies in the organization, then the employment contract can be terminated:

  • on the basis of paragraph 2 of part 1 of article 81 of the Labor Code of the Russian Federation with the payment of all compensation - if we are talking about changing the working regime, namely the introduction of an incomplete regime (by paying an attractive amount of compensation.

    When an employee is dismissed due to refusal to work under new conditions, the employer, in the event of a dispute with the employee, must have evidence that confirms that the change in the terms of the employment contract was the result of changes in organizational or technological working conditions. This is stated in paragraph 21 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. If the employer cannot provide such evidence and link one to the other, then changing the terms of the employment contract, and hence the dismissal of employees who refused to continue working under the new conditions, may be declared illegal (see, for example, the ruling of the Moscow City Court of July 6, 2010 in case No. 33-19889).

    Ivan Shklovets,

    Deputy Head Federal Service for work and employment

The content of the employment contract, although it does not need regular adjustments, is not something permanent. There can be many reasons for this: changes in working conditions, requirements of the employer, duties of the contractor. Even such a small amendment as a change in work schedule requires the creation of an agreement to change the employment contract. How to approach the process correctly will be discussed in this article.

From this article you will learn:

• when an agreement is drawn up to amend the employment contract;
• on the structure of the supplementary agreement on amending the employment contract;
• how to draw up an additional agreement to an employment contract on changing working hours.

In what cases is an agreement to amend an employment contract drawn up?

An agreement to amend an employment contract is drawn up if new circumstances arise that were not included in the existing document or due to reforms in the terms of the employment contract. An example of the adjustments that most often act as catalysts in initiating the preparation of an agreement are:

• adjustment of the operating mode of the enterprise, its division or individual employee;
• change in the position of an employee or relocation (Art. Labor Code of the Russian Federation);
• transfer of an employee to another job due to medical indications(Art. Labor Code of the Russian Federation).

We have outlined only the most popular prerequisites for the creation of a documented agreement. Of course, there are many more reasons that trigger the process of making adjustments.

In general, there can be a great many such prerequisites for drawing up an agreement on changing an employment contract. detailed information about all the aspects that must be indicated, as well as the cases in which the adjustment of the employment contract is mandatory, is set out. Also in this fundamental act, which regulates the relationship between the employee and the employer, it is explained how to proceed in the presence of missing information or conditions in the employment contract. As a rule, in this case it is enough to create an appendix to the employment contract, which is an alternative to an additional agreement.

Sample. Additional agreement to the employment contract on changing working hours in 2015 (fragment)

"Gamma", hereinafter referred to as the "Employer", represented by director A.M. Mikhailov, acting on the basis of the Charter, on the one hand, and chief designer A.S. Ivantsov, hereinafter referred to as the "Worker", on the other hand, entered into an agreement to amend the terms of the employment contract dated May 15, 2015 No. 475. 1. Paragraph 4 of the contract shall be amended as follows: “The employee is set a part-time working week with four days off: Thursday, Friday, Saturday, Sunday. Working day - 8 hours; work starts at 8.30, ends at 17.30, a break for meals and rest from 13.30 to 14.30. 2. Paragraph 5 of the agreement shall be amended as follows: “The employee is set a monthly salary of 40,000 rubles. Wage calculated on the basis of hours worked. 3. The rest of the provisions of the agreement dated 15.05.2015 No. 475 remain unchanged. 4. This agreement comes into force on 06/01/2015.

Drawing up an additional agreement to the employment contract in connection with a change in working hours

Most common cause, which is a prerequisite for the creation of an additional agreement to the employment contract, is the reorganization of the work schedule of the enterprise, department or the individual employee itself. The mode of operation is one of the fundamental values ​​in the document regulating the working activities of the enterprise. Therefore, when restructuring the work schedule, drawing up an additional agreement is mandatory.

The structure of the agreement is described in detail in the previous part of the article. In the main part of the document describing the changes, the new work schedule is indicated with a reference to the document that puts this adjustment into effect in the life of the company. To exclude different interpretations, the record is given in the fullest and most detailed way, for example:

The employee is set five working days a week from Monday to Friday in the amount of forty hours a week. Days off: Saturday and Sunday, as well as holidays according to the labor calendar of the current year. Daily operation time is eight hours. The operating mode is set from 9.00 to 18.00. Of these, lunch and rest time is allocated from 13.00 to 14.00.

If the rules for granting annual paid leave change, then this information is also described in detail in the document. If the transformations concern only the work schedule and do not affect the vacation system at the enterprise, then these data do not need to be entered. That is why we need a text indicating that the remaining clauses of the previously concluded agreement remain unchanged and valid.

Similarly, the text of the adjustment of the work schedule is drawn up when flexible, part-time and irregular working hours are established. If the transformation of the operating mode affects the material side, then this is also reflected in the text of the document. For example:

The employee is set three working days a week from Monday to Wednesday in the amount of twenty-four hours a week. Days off are days from Thursday to Sunday, as well as holidays according to the labor calendar of the current year. Daily operation time is eight hours. The operating mode is set from 10.00 to 19.00. Of these, for lunch and rest, an interval is allocated from 14.00 to 15.00. Wages are paid in proportion to hours worked.

When saving the work schedule, but transforming the rest and food regimen, an appropriate text is drawn up. For example:

The employee is set a working day from 10.00 to 18.30. Lunch and rest time is from 13.30 to 14.00.

1. The parties here are the employee and the employer. Information about the parties is entered according to the data specified in the contract.
2. The time and place of the conclusion should reflect the actual date when the document was signed by the parties and the legal address of the founder or the place of work of the employee.
3. Next, an item or several items are entered that require replacement, as well as newly entered information that enters into legal force.

REFERENCE: If the surname has changed, for example, as a result of marriage, this information should also be reflected in a separate supplement, with the marriage certificate attached. The addendum is made in two copies.

Additional agreement with the employee on changing the work schedule

Clause, section of the employment contract (indicate the number and name of the section) N dated "" 20, state as follows: "The employee is set (indicate the number of working days per week) a working week with a duration of hours. Days off are ". (indicate days off, for example, Saturday and Sunday) 2. Clause, section of the employment contract (indicate the number and name of the section) N from » » 20
state in the following wording: “The time of the daily work of the Employee is hours. The operating mode is set from h. min. to h. min.” 3. Section of the employment contract N dated (indicate the number and name of the section) » » 20, add the following items: p. "The employee is annually provided with additional paid leave lasting calendar days." P. .

Changing working hours

Important

Labor Code of the Russian Federation), the parties make a joint decision allowing:

• alteration;
• refusal to proceed.

The decision to continue activities in the new conditions is fixed by an additional agreement to the employment contract. In what cases is it necessary? The indicated application performs the function of updating morally obsolete items, replacing them with new ones. Changes are based on the specifics of their introduction:

1. with the replacement of one information for another;
2. introduction of new items;
3. deletion of obsolete information, without replacement with new ones.

Accordingly, drawing up an additional agreement on changing the employment contract is required when you need to replace, remove or add one or more clauses.

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Supplementary agreement to the employment contract on changing the working hours of the employee "" 20 (name of the settlement), TIN, (full name of the legal entity indicating the legal form) OGRN, in the person acting for (indicate the position and full name .O. authorized person) on the basis referred to in (name of the document confirming the authority, for example, charter, etc.) hereinafter "Employer", on the one hand and, (full name) passport, issued, subdivision code (indicate the series and (name of the authority, passport number) that issued the passport) registered at the place of residence at the address: hereinafter referred to as the "Employee", (indicate the full address) on the other hand, which are Parties to the employment contract N dated » » 20, have concluded this additional agreement on the following: 1.

Agreement to amend the employment contract

In the main part of the document describing the changes, the new work schedule is indicated with a reference to the document that puts this adjustment into effect in the life of the company. To avoid different interpretations, the record is given in the most complete and detailed way, for example: The employee is set five working days a week from Monday to Friday in the amount of forty hours a week. Days off: Saturday and Sunday, as well as holidays according to the labor calendar of the current year.

Daily operation time is eight hours. The operating mode is set from 9.00 to 18.00. Of these, lunch and rest time is allocated from 13.00 to 14.00. If the rules for granting annual paid leave change, then this information is also described in detail in the document.

Supplementary agreement on changing the work schedule

When compiling an addendum, which is intended to change only one item - working hours, it is required to follow the established algorithm. To begin with, the parties have drawn up an additional agreement to the current employment contract (indicate the number and date). How to number this document, we described above. Indicate that the following additions (changes) to the employment contract are being made.

Further, in the additional agreement, list the clauses that come into force by this document. Among them should be the characteristics of the newly introduced standards. For example: "Transferred to part-time", followed by:

• number of hours per week;
• work schedule;
• availability of shifts, etc.

IMPORTANT: The document requires you to specify not only the days of work, but also the days of vacation.

Supplementary agreement to the employment contract on changing the mode of operation sample

• Labor contract
• Changing the terms of the employment contract
• Working conditions

How to approach the process correctly will be discussed in this article.

Often, the employer needs to amend the employment contract with the employee. There can be many reasons for this (for example, transfer to another position, job or change in wage conditions). Is it necessary to conclude an additional agreement with the employees to the employment contract? Is there a universal template for such an agreement? Is it possible to conclude an additional agreement to change salaries? You will find answers to these and other questions in our article.

Introductory information

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 an 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 can be related to mandatory, and what to additional conditions labor.

Mandatory conditions

Additional terms

place of work; labor function; date of commencement of work; when concluding a fixed-term employment contract, the term of its validity and the circumstances that served as the basis for its conclusion; terms of remuneration; working hours and rest time (if different from those generally established in the organization); compensation for hard work and work with harmful and (or) hazardous conditions labor; conditions that determine the nature of work (mobile, traveling, on the road, other nature of work); working conditions in the workplace; condition of compulsory social insurance.

information about the clarification of the place of work and the workplace; about the test; on non-disclosure of legally protected secrets (state, official, commercial and other); on the obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer; on the types and conditions of additional employee insurance; on improving the social and living conditions of the employee and his family members.

See also "".

About the additional agreement

To change the 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 issue 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, an additional agreement must be drawn up in two copies: one for the employee, the other for the employer.
If the organization maintains a journal of accounting for additional agreements to employment contracts, then make a record in it about the issuance to the employee of his copy of the additional agreement.
See also "". It is not necessary for the employee to sign this journal. After all, his signature will already be on the supplementary agreement itself.

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 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, the production technique changes). About such changes, as well as about the reasons that caused the need for such changes, the employer is obliged to notify the employee two months in advance against signature (Article 74 of the Labor Code of the Russian Federation). And only if the employee agrees, then it is already possible to conclude an additional agreement to the employment contract with him.

Read the above articles if you need to conclude an additional agreement in the cases listed. They all describe in some detail what and in what time frame the employer needs to do.
If we are talking about general cases of concluding additional agreements, then we suggest that you familiarize yourself with the samples.

Sample Additional Agreements

As we have already said, there is no single model 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 correct for yourself.

Additional agreement on salary changes

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

So, suppose that the salary of a sales manager increases from 35 to 40 thousand rubles. An additional agreement might look like this:


As you can see, nothing needs to be described in detail (in particular, it is not necessary to indicate the previous salary). It is enough to establish that from the specified date the salary of the employee is the amount agreed with the employee.

Additional agreement on changes in working conditions

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 which 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.

Agreement on an employment contract in a new edition

As we have already said, it is possible to conclude an additional agreement on the presentation of the employment contract in a new edition. This is the only correct option. After all labor law does not allow "renegotiating" employment contracts anew. Here is an excerpt from such an additional agreement, according to which you can understand the algorithm of actions.