Changing the form of an employment contract and renewing employment contracts

Replacement of the old employment contract with a new edition.

We should also not forget that the employee must be notified of changes to the employment contract in advance, as required by law. The employer is obliged to notify the employee in writing about the entry into force of the relevant changes no later than two months before the expected date of their introduction. If for any reason the employee does not agree to continue working under the new conditions, the employer is obliged to immediately offer him (also in writing and against signature) another job available in the area (vacant position) that corresponds to the employee’s health condition, which he can perform with ease. taking into account qualifications, and in the absence of such - any lower or lower paid position.

https://youtu.be/J7FpgCiMltY

What documents need to be completed in addition to the additional agreement?

After negotiations and agreement on the terms to be introduced, an additional agreement to the employment contract is prepared. If the employer did not agree on the condition and the employee submitted a written application, it is recommended that the response also be recorded in writing. This may be a resolution on the application or a separate letter of response. The period for making changes to the contract is not limited - this is possible throughout the entire term of the employment contract.

When an additional agreement to an employment contract is concluded, it becomes an integral part of the employment contract that has changed. Changing the terms of this document will be possible in the same manner - by signing a new additional agreement.

https://www.youtube.com/watch?v=upload

If we are talking about changing the position of an employee, then in addition to the above documents, you will also need to make the necessary changes to his work book and personal card.

Re-registration of an employment contract

Attention

Labor Code of the Russian Federation Labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee) para. 3 hours 2 tbsp. 57 Labor Code of the Russian Federation Start date of work. If a fixed-term employment contract is concluded, then the period of its validity and the reasons that served as the basis for its conclusion are indicated.

4 hours 2 tbsp. 57 Labor Code of the Russian Federation Conditions of remuneration (amount of tariff rate or salary of an employee, additional payments, allowances and incentive payments) para. 5 hours 2 tbsp. 57 of the Labor Code of the Russian Federation Regime of working time and rest time, if for an employee it differs from the general rules in force for a given employer, para. 6 hours 2 tbsp. 57 of the Labor Code of the Russian Federation Compensation for hard, harmful, dangerous work, if an employee is hired in such conditions, indicating the characteristics of working conditions in the workplace, paragraph. 7 hours 2 tbsp.

Cases of registration

Personnel employees should remember cases in which signing amendments to the main contract seems justified:

Change of position within the same organization.
Changes in wages.
New job title or department.
Changing the operating mode.
Introduction of new compensations and guarantees.
Establishing a new validity period.
Entering responsibilities for additional work.
Changes in working conditions based on certification results.

In addition to introducing new provisions, individual clauses may be excluded from the contract. This happens when compensation for work in hazardous work is canceled due to improved conditions in the workplace, which was previously recorded in the results of a special assessment.

Translation

A common reason for change is the transfer of a person to a new position with the formation of new working conditions, pay, responsibilities, etc. According to the provisions of Art. 57 of the Labor Code of the Russian Federation, indication of the position is included in the list of mandatory parameters of the contract. Therefore, when an employee is transferred to a new position, the remaining points related to the changed nature of the work are also changed through an additional agreement.

Download the additional example. translation agreements (38.0 KiB, 172 hits)

The transfer of an employee is often carried out for medical reasons, when work in the previous position is impossible for health reasons.

How to legally work two jobs officially

When drawing up the document, the validity period of the new conditions is taken into account. Sometimes an employer, due to operational necessity, transfers a temporary employee to a permanent job. In other cases, the temporary involvement of an employee in another position is required, which requires a separate indication of the duration of the agreement.

In addition to signing the additional agreement, the enterprise administration must issue an order to transfer the employee to another job, fixing the moment of transition to other responsibilities and payment terms.

During reorganization

The contract with the employee must indicate the exact names of the parties. For an employee, this is the last name, first name, patronymic, and for the organization, this is the exact legal name. The agreement will be valid until there are changes in the names of the parties.

When reorganizing, merging companies, dividing an organization into several separate companies with a change in the name of the employer, the contract must be adjusted by signing an additional agreement in connection with the renaming. Unlike new employment, there is no need to re-register the employment contract. It is enough to make and agree with the employee an additional agreement to the contract according to the model established at the enterprise.

In the process of changing the name of the employer, the conditions, responsibilities may change, and the salary may increase, since you will be working with another legal entity. Some provisions of the previous contract may be canceled if the organization changes.

Changing employee data

Since the employee is a party to the labor relationship, when changing the last name, first name, or any personal data, an application must be signed, similar to the agreement during the reorganization of the company.

After the employee changes the data in his full name, according to the law, it is necessary to obtain a new passport, which means that the relationship with the employer is also subject to re-registration by entering information from the received passport. After marriage, the employee will not only have to sign an additional agreement, but also make changes to her employment and personal cards.

Combination of positions

Labor legislation provides for the provision of additional work functions to the employee. Based on Article 60.2 of the Labor Code of the Russian Federation, the employer draws up a new document with the employee indicating additional assignments, work hours and the additional payment due for combining positions and other working conditions.

The need for additional agreements often arises in connection with the periodic departure of personnel on vacation, or during periods of absence of a person from work due to temporary disability. In this case, it is necessary to separately indicate not only information about the new rate, but also the period for fulfilling the duties of the part-time worker.

A similar situation, as a rule, arises during vacations or in connection with the illness of one of the main employees and involves combining two positions for a certain period of time. If the replacement period does not exceed 1 month, they can do without concluding a new agreement - it is enough to issue an internal order.

The range of responsibilities that are initially prescribed in the employment contract increases, not to mention the payment; accordingly, these nuances should already be enshrined in the agreement.

Salary increase

Remuneration is one of the main points of the employment contract, therefore any changes in the amount of the contract must be formalized through an additional agreement. To fix a new salary, use a standard version of the document with the mandatory inclusion of new information about the conditions for calculating earnings in the new edition.

Download a Sample Additional Agreement for Salary Changes (37.0 KiB, 197 hits)

The procedure for re-registering an employment contract with employees

Info

The employee has the right to refuse, and in this case the employment contract in the old version will remain valid. If the employee agrees to change the terms of the employment contract determined by the parties, the above agreement is signed by the parties.

Similarly, by agreement of the parties, the question of whether additional agreements adopted earlier will remain in effect. E.A. ChershintsevaNational Research University "Higher School of Economics" copied from the Consultant I want to draw the moderator's attention to this message because: A notification is being sent... Alex Russian Federation #7[433323] March 21, 2014, 15:16 Those with whom TD concluded before the entry into force of the Labor Code of the Russian Federation and you should not bring the TD in accordance with it (Article 424 of the Labor Code of the Russian Federation) I want to draw the moderator’s attention to this message because: A notification is being sent...

Correction methods

According to current legislation, the only basis for the emergence of working legal relations is a signed contract, that is, a bilateral agreement, the content of which reflects the basic working conditions of workers, as well as the procedure for making monetary payments for labor and other additional benefits and guarantees.
Thus, there are two forms for making amendments to the content of the contract:

partial replacement;
corrections with complete re-signing.

https://youtu.be/7NJJ9ElyXw0

Partial replacement of the contract implies that an additional document must be drawn up in addition to the main agreement, which will reflect all the changes made. Thus, both documents remain valid, but the changes reflected in the second one will have prerogative. A new version of the employment contract is issued when a complete change to the contract occurs. And this implies a number of significant features.

New form of employment contract! how to apply?

Organizational changes according to this article may include: - changes in the management structure of the organization; - introduction of forms of labor organization (team, rental, contract, etc.); - changes in work and rest regimes; - introduction, replacement and revision of labor standards; - changes in the organizational structure of the enterprise with a redistribution of the load among departments or specific positions and, as a consequence, changes in remuneration systems. Organizational changes may include other significant reasons similar to the above. By the way, a decrease in sales and a deterioration in the financial position of an organization are not considered by the courts as reasons allowing the employer, in accordance with Art. 74 of the Labor Code of the Russian Federation to change the terms of the employment contract.

Vote:

Important

In this regard, it will not be possible to refuse to use this form and it will have to be developed annually without fail. Other documents A number of other documents that are used in personnel document flow cannot be replaced by a standard contract for a simple reason - it does not provide suitable wording for this. Among such documents, for example, are the following provisions:

about personal data;
about the protection of trade secrets;
about passing certification;
about business trips.

It is important to note that if the employer loses the status of a micro-enterprise, within 4 months from the date of making changes to the SME register, the HR department must completely restore office work according to the general rules.

How the transition to standard employment contracts is carried out in 2018

Luka_Pacholi→Tue, 2011-10-25 19:39 #2 I do not agree that it is easier to draw up an additional agreement. Each point will have to be “shooked up” and changes formulated. It’s easier to develop a new employment contract; you’ll still have to sign and explain to the employees. Regarding the order, no one obliges you to do it, but if you really want to, you can write a universal one “for production purposes.” leka416→ Tue, 2011-11-22 09:34 #3 An employment contract can, as a general rule, be changed only by mutual agreement with the employee. However, labor legislation leaves a loophole for the employer in the form of Art. 74 of the Labor Code of the Russian Federation, which is called “Changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions.”

Themes:
Employment contract

Question How to correctly replace the old form of an employment contract with a new one and re-register it with employees? Such a situation arose in one of our companies - in 2002, TDs were issued in a form that was already outdated and did not meet modern requirements. We conclude an Employment Agreement with new employees in a new form, and the head of the organization requires re-registration of the old TD, since they do not cover the entire range of labor relations accepted in the company. The new TD does not worsen the working conditions and pay.? Answer Information contained in the employment contract An organization can develop a template for an employment contract on its own. In this case, the employment contract must contain general information and mandatory conditions. By agreement, the parties may include additional conditions in the contract. Addition to the employment contract If, when concluding the employment contract, no information or mandatory conditions were included in it, then the document must be supplemented. The information is entered directly into the text of the contract, and the conditions are determined by the additional agreement. This is stated in Part 3 of Article 57 of the Labor Code of the Russian Federation.* Ivan ShklovetsDeputy Head of the Federal Service for Labor and Employment Read more about the form of employment contracts 2020 at the link. Directory: Contents of the employment contract (general information, mandatory and additional conditions) Information or conditions of the employment contract Contents of the employment contract Basis General information Last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - individual) who entered into the employment contract, paragraph . 2 hours 1 tbsp.

If the contract has expired but the work has not been completed

The organization entered into fixed-term employment contracts with a team of construction workers to perform temporary work on the construction of the facility. The contracts indicate that they are drawn up to perform temporary (for a period of no more than two months) construction work.

The event that determines the completion of work is listed in the contract as “completion of construction.” But due to the slow work of the team, the facility was not built in two months.

If the duration of the employment contract (actual or directly specified in the contract) exceeds these maximum periods, then if a dispute arises, there is a high probability that the court will reclassify it as a contract concluded for an indefinite period. Similar consequences may arise when it is established that the contract has been repeatedly re-signed, including in a situation where the total period of its validity exceeds the limits established by the Labor Code (clause

An employee with whom a fixed-term employment contract has been concluded performs his duties very well. The employer wants to hire him for a permanent job.

Is it possible to transfer an employee from a temporary job to a permanent one? Or is it necessary to fire and hire again?

The Labor Code does not regulate this situation in any way. Formally, nothing prohibits the parties from drawing up an additional agreement to the employment contract, excluding from it the condition regarding the duration of its validity.

The risk of claims from regulatory authorities in this case is minimal, since changes to the employment contract do not violate the rights of the employee, but, on the contrary, provide him with additional guarantees.

At the same time, there is also a way, directly provided for by the Labor Code, to convert a fixed-term employment contract into an open-ended one. Thus, by virtue of Article 58 of the Labor Code of the Russian Federation, the provision on the temporary nature of the employment contract automatically loses force if the contract has expired and neither party has demanded termination of the contract and the employee continues to work.

the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (Part 4 of Article 74 of the Labor Code of the Russian Federation);
the employee’s refusal to transfer to another job, which is necessary for him in accordance with the medical report, or the employer does not have the appropriate work (parts 3 and 4 of Article 73 of the Labor Code of the Russian Federation);
refusal of an employee to be transferred to work in another area together with the employer (clause 9, part 1, article 77, part 1, article 72.1 of the Labor Code of the Russian Federation);
circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
violation of the rules for concluding an employment contract, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

This is stated in Article 77 of the Labor Code of the Russian Federation.

If it is necessary to make significant changes to the terms and conditions of employment contracts, then additional agreements to the employment contracts must be drawn up.

Everything is decided by the results of certification of his workplace for working conditions.

Changed electronic document management operator - inform the Federal Tax Service

If an organization refuses the services of one electronic document management operator and switches to another, it is necessary to send an electronic notification about the recipient of the documents via TKS to the tax office.

Re-signing a fixed-term employment contract is the conclusion of a new fixed-term employment contract with a person who has already worked in the organization under such an agreement, which has expired.

Under the new contract, the employee can perform both the same and different work, and the contract itself can begin to operate immediately after the termination of the old one.

You can renew a fixed-term employment contract in two situations.

One should also take into account the risks that arise when re-concluding and extending a fixed-term employment contract. In this article we will tell you what issues regarding relationships with “temporary” employees the employer should pay special attention to. But the contract can be extended for no more than five years (Article 58 of the Labor Code of the Russian Federation). Otherwise, a new agreement must be concluded.

The employment contract form has changed, how to re-issue old employment contracts

Part 2. The procedure for re-registering an employment contract with employees The organization has approved a new form of employment contract. How to change employment agreements with existing employees? The conclusion and amendment of an employment contract (agreement) can be carried out both at the initiative of the employer and the employee (Art.

9 of the Labor Code of the Russian Federation). This document cannot be declared invalid or terminated if, when drawn up, it contained incomplete information or did not establish all the conditions. In this case, labor relations are regulated by:

changes to the text of the employment contract
drawing up an addendum or an independent agreement that is an integral part of the document

However, it should be remembered that the terms of the employment contract can only be changed with the consent of both parties, on the basis of an agreement in writing (Article 72 of the Labor Code of the Russian Federation). The old form of the contract specified the total number of days that, according to the Labor Code of the Russian Federation, a person was entitled to vacation. The new form provides a detailed indication of how many days and in connection with what can be provided to a person.

For people who work remotely, the work schedule is specified, including the conditions under which the equipment necessary for work can be used.
Information about specific job responsibilities, which was previously prescribed in the employee’s job descriptions.

Application options Article 309.2 of the Russian Labor Code states that SMEs can optimize their personnel records by concluding employment contracts with company employees in a standard form, which is approved by Government Decree.

Popular materials in this section

How to terminate a loan agreement if you refuse a service

An accounting certificate for the return of an unused advance by an employee to a bank account

Write a complaint to the 777 TV website

Unemployment benefits terms of assignment amount payment terms

Is it possible to dismiss a disabled person of group 3 at the initiative of the employer?

Payment under compulsory motor insurance if the accident occurred due to another car

When an additional agreement is not necessary

The law does not always require registration of changes in a new document form. Some parameters can be corrected directly according to the text of the current contract. According to Art. 57 of the Labor Code of the Russian Federation, changes are allowed through adjustments to the main contract in the event of a change in basic data, for example, when changing personal data or after replacing an employee’s passport.

How to conclude an employment contract between individuals

The full list of situations when the parties to an employment relationship have the right to do without concluding a new agreement includes changing the following parameters:

Full name of the hired employee or individual acting as the employer;
making changes to the passport data of the parties to the contract if they are represented by individuals (employee and employer).
Changing the TIN of an enterprise or individual entrepreneur.
Changing data about an official or authorized representative of an organization who has the right to sign an agreement on behalf of the organization, or changing a document that gives the right to sign.
Correction of information about the place and time of signing the contract.

Based on the above, the parties have the right not to draw up an agreement to the contract if the main details of the parties change. In addition to changing the passport or new address of the enterprise or employee, it is not required when changing the director vested with the right to conclude employment contracts. Similar situations include reorganization that occurred with the automatic determination by the head of the new organization of the legal successor of the previous company.

How can an employment contract for remote work be concluded?

In addition to changes in the basic details of the parties to the contract, the following circumstances are exempt from the need to enter into an agreement:

The additional payment for the additional amount of work performed is charged once, i.e. is not systematic. Such cases include remuneration for work that brought profit to the company, or one-time provision of monetary assistance to an employee.
Replacement of an employee is required temporarily, for a short period.
The transfer is temporary and is associated with the need to eliminate the consequences of an accident, exposure to natural disasters, or due to downtime or the need to prevent it.
The employee's workplace is changed if it was not specified in detail in the current contract.

There are no special forms for additional agreements; the company draws up the contract independently, taking into account the requirements of labor legislation.