When and how an additional agreement to an employment contract is drawn up: a sample document.

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 with employees supplementary agreement to an 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 the employment contract, you can change both mandatory (parts 2, 3 of article 57 of the Labor Code of the Russian Federation) and additional conditions 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 the 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). The employer is obliged to notify the employee 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 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, 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 statement of the employment contract in new edition. This is the only correct option. After all, labor legislation 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.

You need to set a part-time employee to a full-time employee. What kind personnel documents you need to apply for this and how to pay for additional working hours, you will read in this article. The material was prepared by our colleagues from the magazine "Salary".

The mode of working time and rest time is one of the mandatory conditions of the employment contract, provided for in Article 57 of the Labor Code.

The employer can change the working hours for an employee:

- or with the consent of the employee- in the manner prescribed by Article 72 of the Labor Code. In this case, you need to draw up an additional agreement to the employment contract and issue an order;

- either unilaterally, by notifying the employee in writing two months in advance, indicating the reasons for the need for the change, in the manner prescribed in Article 74 of the Labor Code.

Documenting Changes in working hours unilaterally will be considered in more detail.

When is it possible to change the mode of operation unilaterally

Unilaterally, the employer has the right to change the employee's work schedule when organizational or technological working conditions when the terms of the employment contract determined by the parties cannot be saved. For example, if changes have occurred in production technology, in the event of a structural reorganization of production, or for other reasons (part 1 of article 74 of the Labor Code of the Russian Federation).

Documentation of a change in working hours at the initiative of the employer

To change the mode employee's work, the employer needs to take some actions and draw up a number of documents.

Notification of an employee about a temporary change in his working hours

The employer must notify the employee in advance - no later than two months in advance - of the forthcoming temporary change in his working hours.

The notice must include:

The reason for the temporary change in the employee's work schedule;

The rights and obligations of the employee during the notice period;

The deadline by which the employee must make a decision;

The consequences of the employee's consent or refusal to continue working in the new conditions.

This will help avoid labor disputes in the future.

If the employee for some reason does not agree to change the mode of work, the employer may offer him another job (a vacant position corresponding to the qualifications of the employee, or a lower position, or a lower paid job), which the employee can perform taking into account his state of health (part 3 of Art. 74 of the Labor Code of the Russian Federation).

In the absence of other work or the employee's refusal to do so, the employment contract is terminated in accordance with paragraph 7 of part 1 of Article 77 of the Labor Code. This procedure is established in part 4 of article 74 of the Labor Code.

Example 1

JSC "Fortuna" has a 40-hour working week. L.I. Parusova works part-time (6 hours a day, five days a week).

Due to production needs, the employer plans to transfer L.I. Parusov full time. How to notify an employee?

Decision

unified form there is no notification of changes in the terms of the employment contract determined by the parties. The employer can draw up a document in any form (see sample 1 below)

Sample 1 Notification of an employee about a change in the terms of an employment contract determined by the parties

Employee response

The employee can express his decision in the notification, if a special field is provided for this, or in a separate document - an application (see sample 2 below).

Sample 2 The response of the employee about her consent to a temporary change in the mode of work

Example 2

Let's continue example 1. L.I. Parusova received a notice from her employer about a temporary change in her working hours. In what form should she tell him her answer?

Decision

The employee sent a written response to the employer in the form of an application (see sample 2).

Additional agreement on changing the terms of the employment contract

After sending a notification to the employee and obtaining his consent, expressed, for example, in a statement, the employer must first conclude an additional agreement with the employee to the employment contract.

Example 3

Let's continue examples 1 and 2. L.I. Parusova works part-time. Due to business needs, she agreed to work full time from September 15 to October 15, 2014. It is necessary to draw up an additional agreement to the employment contract with the employee.

Decision

The employer will issue a change in the employee's working hours with an additional agreement to the employment contract (see sample 3 below).

Sample 3 Fragment of an additional agreement to an employment contract

On the basis of an additional agreement to the employment contract, the employer must issue an order on the temporary establishment of a full-time working regime for the employee.

Order on temporary change of working hours

There is no unified form of such an order; it is drawn up in an arbitrary form. Let's show an example how to make it.

Example 4

Let's continue example 3. It is necessary to issue an order to temporarily change the mode of operation of L.I. Sailing.

Decision

The employer will issue an order to temporarily establish a full-time working regime for the employee (see sample 4).

Sample 4 Order for a temporary change in the mode of operation

How to pay an employee after changing the mode of his work?

Let's figure out how the employee's salary will change due to the fact that he has been temporarily set to full-time, that is, the daily duration of work has been increased.

Extra hours, but not overtime

According to part 1 of Article 99 of the Labor Code, overtime is recognized as work performed by an employee on the initiative of the employer outside the working hours established for the employee ( daily work(shifts)).

When an employee is transferred from part-time work to full-time work on the basis of an additional agreement to the employment contract, additional hours of work cannot be considered overtime.

If a company has a 40-hour work week, working 40 hours per week will not be overtime.

How to reflect a change in the operating mode in the timesheet

In the time sheet in the form of No. T-12 or a form independently developed by the company, part-time work is marked with the letter code "NS" or digital 25.

Example 5

Let's continue example 4. An employee of JSC "Fortuna" L.I. Parusova works for the company on a part-time basis (6 hours a day, five days a week). The company has a 40 hour work week. Due to production needs, from September 15 to October 15, 2014, L.I. Parusova will work full time.

How should the periods of part-time (6 hours a day, five-day work week) and full-time (8 hours a day, five-day work week) work be reflected in the September 2014 time sheet?

Decision

The duration of the work of an employee of OJSC "Fortuna" L.I. Sailing in part-time mode at the initiative of the employer in the report card in form No. T-12 will be indicated by the letter code "NS" or the number 25 (see sample 5).

Sample 5 Fragment of the time sheet L.I. Sailing in September 2014

The employee's working hours have changed: how will this affect his salary

When an employee works part-time, remuneration for his work is made in proportion to the hours worked.

Example 6

Let's continue example 5. An employee of JSC "Fortuna" L.I. Parusova worked one part of September (10 working days) part-time - 6 hours daily, and the second (12 working days) - full-time - 8 hours a day.

According to the production calendar, this month there are 176 working hours.

The salary of the employee is 23,000 rubles. per month. How much will she receive in September?

Decision

For the period worked in the part-time mode, the salary of L.I. Sailing is equal to 7840.91 rubles. (23,000 rubles: 176 hours × 10 working days × 6 working hours).

The salary for the period of full-time work will be 12,545.45 rubles. (23,000 rubles: 176 hours × 12 working days × 8 hours). In total, for September, the employee will be credited 20,386.36 rubles. (7840.91 rubles + 12 545.45 rubles).

AT modern conditions employers often have to make changes to the employment contract. In some cases, such an agreement is required by the Labor Code. Therefore, it is important to treat the drafting of an additional agreement with full responsibility. Our article will help you decide on the execution of the agreement and the wording of the necessary changes or additions.

The initiator of amending the employment contract can be not only the employer, but also the employee. When initiated by the employer, it should be remembered that he must notify employees of changes in the terms of the employment contract at least two months before the upcoming changes (for example, when changing wages, working hours or the nature of work). But it is important for the employer not only to comply with mandatory procedures, but also to arrange them correctly.
Sample additional agreements:

Additional agreement to the employment contract on changing the working hours

We draw up the preamble of the agreement

So, first of all, let's define the name of the agreement. Since the replacement of the provisions of the employment contract, words, numbers and the addition of the text with paragraphs or articles are a change in the text, we believe that it is best to name the agreement as follows: "Agreement to change the terms of the employment contract" or "Agreement to amend the employment contract". However, if you prefer to title the document, for example, "Additional agreement to the employment contract", this will not be a mistake.
The next step is to write a preamble. It is optimal if in the agreement she repeats the preamble of the employment contract. At the same time, it is desirable that reservations be made in relation to previously concluded treaties and agreements.
If the preamble is classical, it looks like this:

Society with limited liability"Kalinka" represented by the director Bury Ivan Petrovich, acting on the basis of the charter, referred to as the Employer, on the one hand, and Shimanskaya Lyudmila Vasilievna, hereinafter referred to as the Worker, on the other hand, have entered into this agreement as follows ...

If you want to indicate in the preamble the connection with the employment contract that is being amended, you can give a different wording:

Limited Liability Company "Kalinka" represented by the director Bury Ivan Petrovich, acting on the basis of the charter, and Shimanskaya Lyudmila Vasilievna, referred to in the employment contract of March 12, 2008 N 36, respectively, as the Employer and the Employee, have concluded this agreement on the following ...

Limited Liability Company "Kalinka" represented by director Bury Ivan Petrovich, acting on the basis of the charter, referred to as the Employer, on the one hand, and Shimanskaya Lyudmila Vasilyevna, hereinafter referred to as the Worker, on the other hand, have concluded this agreement to the employment contract dated March 12, 2008 Mr. N 36 about the following ...

Sometimes the employer wants to record the reason for making changes to the employment contract, and sometimes he is simply obliged to do so. For example, in accordance with Art. 74 of the Labor Code of the Russian Federation, the reasons associated with changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.) must be reflected in an additional agreement. Reflect this information possible both in the preamble and in the text of the agreement itself.
Here is an example of a preamble:

Limited Liability Company "Kalinka" represented by director Bury Ivan Petrovich, acting on the basis of the charter, referred to as the Employer, on the one hand, and Shimanskaya Lyudmila Vasilievna, hereinafter referred to as the Employee, on the other hand, satisfying the request of the Employee, set out in the application dated January 13 2010, came to an agreement on making the following changes to the employment contract of March 12, 2008 N 36 ...

If you still do not want to overload the preamble and state the reason for amending the employment contract in the text of the agreement, this can be done as follows:

Limited Liability Company "Kalinka" represented by the director Bury Ivan Petrovich, acting on the basis of the charter, and Shimanskaya Lyudmila Vasilievna, referred to in the employment contract of March 12, 2008 N 36, respectively, as the Employer and the Employee, have concluded this agreement as follows:
1. Due to changes organizational structure LLC "Kalinka" and the abolition legal department the following changes are made to the employment contract of March 12, 2008 N 36 ...

We draw up the text of the agreement to the employment contract

The text of the agreement is the main requisite of the document. The quality of the drafting and design of the text reflects the level vocational training compiler and managerial culture in the organization.
In order for the changes made to be clear and understandable, the following rules must be followed:
1. Sequentially state the changes, indicating the article, paragraph or subparagraph in which they are made. This means that it is not necessary to make changes in the text of the agreement first, for example, in clause 7 of the employment contract, and then in clause 3. It is correct to first fix the change in the third clause, and then the seventh.

2. It is impossible to make changes without specifying the structural units (paragraph, subparagraph) of the employment contract. That is, when making changes to the text of the agreement, it is necessary to specifically indicate where they are being made. You can not write: "Words" of the average monthly wages" replace with the words "official salary". Correct: "In clause 3.2, the words "average monthly salary" should be replaced with the words "official salary".

3. When changing numbers in an agreement, you need to use the term "numbers". For example:

In clause 3.5, the figures "9000" shall be replaced by the figures "11,000".
In subparagraph "d" of paragraph 2.6, the figures "5, 20" shall be replaced by the figures "10, 25".

4. While maintaining the terms of the employment contract and supplementing it with new ones, we recommend that you bring a new version of the supplemented structural units (clauses, sub-clauses, articles). To do this, you can use the following structures:

Supplement the employment contract with paragraph 3.6 of the following content: "3.6....".
Subparagraph "c" of paragraph 5.4 shall be supplemented with the third paragraph of the following content: "...".
The second paragraph of clause 4.4 shall be supplemented with the following sentence: "...".
Supplement section 3 with paragraph 3.5 as follows: "3.5....". Paragraph 3.5 shall be considered as paragraph 3.6.

The latter option is highly undesirable, although in small organizations it is quite possible, since the personnel worker can remember which condition under which number was originally in the employment contract.

Addition and deletion of phrases, formulations and words

When supplementing the text of the agreement with a new clause, the numbering of the clauses continues. For example, if the last clause in the employment contract is 25, then in the agreement you can write:

Supplement the employment contract with paragraph 26 of the following content: "..."

If the employment contract is structured into sections and paragraphs are highlighted in each, when a new paragraph is added, the numbering within the section also continues.
Sometimes you don't need to add new sentences, paragraphs, or paragraphs, but just a few words. In this case, changes can be made as follows:

Paragraph three of clause 6.2 after the words "rules of carriage" shall be supplemented with the words "and passenger service".
In the third sentence of clause 1.3, after the word "surcharges", insert the word "surcharges".

When complemented words are at the end of a sentence, we recommend the following constructions:

Paragraph 3 shall be supplemented with the words "until the expiration of 6 months". Supplement subparagraph "b" of paragraph 12 with the following words: "and ensuring labor safety".

If it is necessary to replace words or sentences, we offer the following wording:

In subparagraph "a" of paragraph 2.2, the word "filling" shall be replaced by the word "compliance" in the appropriate case.
In paragraph 7.2, the words "to involve liability" shall be replaced by the words "bring to disciplinary responsibility".
In paragraph 4.1, the text after the words "other regulations and until the end of the sentence, replace with the words "local regulations, terms of the collective agreement".

Paragraph 3.1 shall be amended as follows: "For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for a period not exceeding 40 days a year."
Clause 3.1 shall be amended as follows: "3.1....".
Amend paragraph 3.1, stating it in the following wording: "...".

Sometimes personnel officers have a question when re-amending an employment contract: how to draw up an agreement on changing the first agreement or employment contract? We answer. Changes are always made to the employment contract, so there is no point in making changes to the supplementary agreement.
Remember, if you state a paragraph, subparagraph or section of an employment contract in a new edition, this does not automatically invalidate the intermediate editions, since they may be partially stated in the new edition and each of the editions will be valid for the period of time covered by the agreement .
If it is necessary to exclude words, phrases or sentences from the text of the employment contract, indicate the specific clause, subclause or section of the contract from which they are excluded.

In paragraph 4.1, delete the words "rules of travel and baggage". In the second sentence of paragraph 2.5, delete the word "surcharges".

If it is planned to exclude a paragraph, subparagraph, paragraph or an entire section from the text, they must be clearly identified, and it is to exclude them, and not to recognize them as invalid.

Paragraph 3.2 shall be deleted.
Delete item 2.4 from Section 2.

If the exception of a clause in a section caused a numbering failure, you can correct the situation with the following phrase in the agreement.

Item 3.2 from section 3 should be deleted. Paragraphs 3.3 and 3.4 shall be considered as paragraphs 3.2 and 3.3 respectively.

It happens that the employment contract is not structured and it is rather problematic to make changes to it. But it is still possible to do this with the help of the following formulations:

The paragraph beginning with the words "..." shall be supplemented with the words "..." after the words "...".
Delete from the tenth paragraph of the contract the sentence beginning with the words "...".
Supplement the sixth paragraph with the following sentence: "...".

For a better understanding of the text of an employment contract, it is sometimes necessary to highlight a paragraph or even a paragraph. This edit can be expressed as follows:

Select in a separate paragraph a sentence beginning with the words: "The employee has the right to complete reliable information about working conditions ...".

It happens that changes affect very a large number of paragraphs, subparagraphs and sections, for example, when transferring from one position to another, the name of the position, the name of the department, the rights and obligations of the employee will change due to the new labor function, wage conditions and other conditions. In such cases, we recommend that you draw up an employment contract with the amendments as an appendix to the agreement. To do this, the following wording is usually used in agreements: "To facilitate understanding of the terms of the employment contract, the latter is printed as a separate document with the changes made by this agreement, and is an annex to it." In this case, it is necessary to make a note on a copy of the old employment contract: "From January 15, 2010, the text of the employment contract is used as amended by the supplementary agreement of December 30, 2009."

How to complete the agreement on changing the terms of the employment contract?

Since we change only some of the terms of the employment contract with the supplementary agreement, the rest remain unchanged, which must be noted at the end of the supplementary 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.

2. The terms of the employment contract, not affected by this agreement, remain unchanged.
3. This agreement is an integral part of the employment contract dated March 12, 2008 N 36.
4. This agreement is made in two copies, one for each of the parties and comes into force on January 13, 2010.

Here is an example of an additional agreement.

• Additional agreement to the employment contract on changing the mode of operation (sample)(DOC 25.512 Kb)
• ADDITIONAL AGREEMENT TO THE EMPLOYMENT CONTRACT(DOC 24.512 Kb)

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How to change the working hours for an employee at the initiative of the employer?

There are specific instructions on the conditions for changing the work schedule at the initiative of the employer in the Labor Code of the Russian Federation, Art. 74. According to it, the employer can correct the work schedule without violating the accepted norms under the collective agreement in the organization.

Changes are classified into:

• Permanent.
• Temporary (eg. summer period, for the heat: details - ).

For registration of innovations, it is necessary to comply with temporary notification rules. Their minimum interval period is 60 days. During this period, the employer must:

• Submit an order to adjust the necessary items in the work schedule.
• Notify all employees with the terms of innovations in labor discipline.
• Make adjustments to the contracts of employees and PWTR.

These steps are performed in case of mass staffing adjustments. With single changes, it is not necessary to adjust the PWTR and the collective agreement.

Order to change the working hours sample 2018

The order precedes the beginning of the formation of a new daily routine. In this case, the order is not formal. It usually contains the following information:

• The exact date of the new schedule.
• With a temporary entry, the end date of the established changes is indicated.
• Describe in detail the working day, week or month.
• Indicate a lunch break and rest days.

Notification of a change in working hours - sample

The employer does not have the right to increase the number of hours of work on a permanent basis. Therefore, when making adjustments to the work schedule, the transition is implied:

• For shifts.
• For a shortened work day.
• For flexible mode.
• For a fixed five-day labor.

Regardless of the previously fixed production schedule in the relevant position, the employer is obliged to notify the employee. To do this, personal notifications are prepared for each subject to changes.

Article 74 of the Labor Code of the Russian Federation allows the head of an organization to formalize the transition from one type of regime to another in the manner of a unilateral notification. In the notice, the employee is given only two options - to continue working, but on new conditions, or to quit.

On the same topic, material on the rules of internal work schedule for LLC, according to the model for 2018.

How to write an application for a change in working hours - sample

An application for adjusting the work schedule is written if the desire comes from the employee himself. A hired person to correct the schedule must clearly justify his desire. Acceptable grounds include illness, one's own or close relatives, the presence of young children. The document addressed to the head is prepared in free form.

When filling out the application, you must provide the following information:

• The date of the desired translation.
• Specify your current working hours.
• Describe desired hours of operation.
• Justify your request.

Documentary evidence of the given justification must be attached to the application.

Additional agreement to the employment contract on changing the working hours

The final touch of making adjustments is to draw up an additional agreement to the current treaty employee. It does not include general terms and Conditions work, but personal. The additional agreement must include information about the new time of the work schedule with precise instructions:

• Beginning of work.
• End of labor.
• Lunch break hours.
• Rest time between shifts.
• Rest days.

The additional agreement must be provided to the employee 60 days before the changes being introduced. The employee expresses his consent by signing the document. Disagreement is expressed in writing at the bottom of the paper. After that, within 60 days, the employee has the right to quit. He is given 2 months to find another job.