Additional agreement on the abolition of combining positions

Additional agreement to the employment contract: procedure for drawing up and additional nuances

• By agreement of the parties.
• In case of expiration of the agreement.
• In the event of a change in circumstances leading to the need to conclude an additional agreement.
• Dismissal of an employee or termination occurs simultaneously with the termination of the main contract.
• In other cases provided by law.

In addition, the additional agreement, despite the fact that it has a link to the main agreement, must contain the full installation data of the employee and details of the legal entity, as well as in the main agreement. It must be drawn up in two copies and after signing each party must have one copy.

Additional agreement on termination of the additional agreement

Another common reason for termination of an agreement is the loss of interest of one of the participants in the subject of the agreement. In this case, the parties can also terminate the contract and additional agreement by mutual decision. To do this, it is important to do the following:

• the parties unanimously expressed their desire to terminate their business relationship;
• the agreement has expired;
• due to current circumstances, the parties to the agreement are forced to interrupt its validity;
• upon dismissal of an employee from his workplace, the contract concluded with him is terminated, and along with the contract, an additional agreement to it;
• other cases provided by law for termination of an additional agreement.

How to indicate termination of an employment contract using an additional agreement

1. With the payment of severance pay to the employee in accordance with the norms of current legislation;
2. With payment to the employee not only of severance pay, but also of an additional amount, the amount of which is determined by agreement of the parties. The amount of additional compensation specified in the agreement cannot be changed!

• Prolonged illness of the employee or being on vacation (Article 78). In this case, the employer does not need to enlist the support of the organization’s trade union;
• Employee initiative. In this case, he must submit to the employer an application for termination of the contract, drawn up in free form (Article 77);
• The employer's requirement, expressed in writing and revealing all aspects of the situation.

Help me solve the problem

Safronova E.A. On May 5, 2003, she was appointed chief accountant of the Astrvodokanal enterprise. On June 10, 2003, the employer entered into an employment contract with her. By order of the General Director dated March 1, 2005, she was dismissed from work under paragraph 11 of Art. 77 of the Labor Code of the Russian Federation with payment of severance pay in the amount of average monthly earnings and compensation for unused vacation days.

We recommend reading: What you need to pay attention to

Safronova filed a statement of claim in court because believes that upon dismissal she should have been paid an amount equal to two annual salaries, which is provided for in paragraph 7 of the employment contract concluded with her on June 10, 2003.

Additional agreements to the employment contract

If an employee in a temporary job has a higher salary than the salary paid to him at his main place of work, then the salary is paid to him based on the conditions established for temporary work. And in the case when an employee is transferred to a lower-paid job, he retains the average earnings for the main job that he performed before the transfer.

• the parties to the employment contract must enter into an additional agreement to the employment contract stating that the previously carried out transfer is permanent;
• on the basis of such an agreement, the employer issues an order in which the condition on the temporary nature of the transfer is declared invalid;
• An entry about the transfer to another job is made in the employee’s work book, indicating the date on which this transfer was made. The basis makes reference to two documents: an order in accordance with which the employee was temporarily transferred to another job, and an order by which the condition on the temporary nature of the transfer was declared invalid.

How and why additional agreements are concluded

Clauses of the main agreement that are not subject to change do not need to be rewritten. If adjustments need to be made to the main agreement, begin the clause with the words: “Explain clause No. 20 in the subsequent wording.”

At its core, an additional agreement has a similar definition to an additional agreement, but the only difference is that it can be concluded exclusively in writing and can be initiated by any party participating in the transaction.

If the salary changes, an additional agreement is drawn up in the employment contract. Often an employer needs to make changes to an employment agreement with an employee. Based on the duration, a distinction is made between permanent and temporary transfers. If an employee is transferred to another place of work for a duration of no more than one month, then no additional agreements are concluded.

How to cancel the additional payment established by the agreement to the employment contract

Thus, the employer has the right to cancel the order to perform additional work and the additional payment for it at any time, warning the employee in writing no later than three working days in advance. At the same time, the employer is not obliged to give the employee reasons why additional duties and additional payment for them are being removed.

On 02/03/2014, the employer accepted the Agreement on the introduction of amendments No. 1218 to the Labor Agreement No. 569-08 dated 09/26/2008, in amendment to the agreement dated 11/26/2013 due to a typo in clause 1, which instructed to carry out additional the work specified in the agreement to the Employment Contract No. 149 dated 01/09/2013 was cancelled, the additional payment for performing an increased volume of work was canceled from 11/01/2013.

The legislative framework

Typically, the contract always indicates its validity period:

• as an end date;
• as a specified period of time (for example, 2 years from the date of signing).

However, the legislation does not consider the indication of the term to be an essential condition of the agreement, except in certain cases. If the validity period of the document is not specified, then by default it is considered that the agreement will expire at the moment of fulfillment of mutual obligations by each party.

Sample additional agreement

Since the law does not provide for a specific form of additional agreement, the parties have the right to use their own sample.

The text reflects the following information:

1. The title of the document must refer to the main agreement, its number, date and place of signing.
2. Next, indicate the date and place of signing the additional agreement. You can also indicate its number (if several additional agreements have been concluded).
3. Indicate the names of companies, as well as the full names and positions of persons who act on behalf of these organizations. They refer to documents that give such a right (Charter, power of attorney, etc.).
4. Then you need to indicate the subject of the agreement - i.e. Until what date will the main contract be valid?
5. The text must reflect that in other conditions the parties will act in accordance with the text of the main agreement.
6. It is stated that the agreement is drawn up in 2 original copies.
7. Authorized persons (usually the general directors themselves) sign and decipher the signatures. If a company uses a seal in document flow, it must be supplied as well.

You can use this example as a guide.

Lease renewal agreement

Current legislation provides for mandatory registration of a lease agreement with Rosreestr authorities only in cases where it is valid for 1 year or more.

That is why the parties often agree to sign an agreement for only 11 months.

After this, the question arises of how to extend its validity - by signing a new document or extending the old one with the help of an additional agreement.

The law allows both options.

However, if you simply sign an additional agreement, there is a risk that one of the parties will refuse to fulfill its obligations due to the fact that the document has not passed mandatory state registration.

Judicial practice shows that in this case, execution of the agreement is mandatory, so it will be extremely difficult for the evading party to justify its position. Therefore, the option of signing an additional agreement is quite acceptable.

Typically this document has exactly the same structure as in the example discussed above. In the text, you can once again duplicate information about how exactly the rent is charged (in what amount and according to what calculations).

The concept of combining positions

Combining positions (professions) can be characterized as performing additional work in another or the same position (profession), which are not provided for in the employment agreement signed between the employee and the employer.

Important! Combining positions in accordance with labor legislation must be carried out during the working day or shift. This means that work outside working hours, including work at night, cannot be considered a combination: another legislative regulation is provided for this.

Combination and its termination: the correct procedure for registration

If an employee wishes to refuse combination work, he will need to notify his employer no later than 3 working days in advance - in accordance with Article No. 60.2 of the Labor Code of the Russian Federation. If the initiator of termination of the additional agreement is the employee, the deadline is not set.

The only condition is that the employee familiarize himself with the cancellation of the additional agreement. How to formalize the termination of combining positions? Today, the procedure for canceling combined positions has a very large number of different complexities and nuances.

This procedure includes the preparation of special documentation.

Additional agreement in labor law

1. Describe the changes sequentially, indicate the subparagraph, paragraph and article where they are being introduced. List the adjustments in the order of points as they appear in the employment contract. First, indicate what was added to paragraph 4, and then what was added to paragraph 8, and not vice versa.
2. Changes should not be made without specifically specifying the clauses of the employment contract, even if there is only one amendment. There is no need to write: “Replace the word “bonuses” with “quarterly bonus.” It is necessary to write: “In paragraph 6.7, the words “bonuses” should be replaced with the words “quarterly bonus.”
3. Use the term "digits" when changing numbers. For example: “In subclause a) of clause 5.4, replace the numbers “5000” with the numbers “6500.”

It is worth noting that the Labor Code of the Russian Federation does not oblige you to start such a journal. The registration book is legally provided only for work records. However, if we take into account the general rules by which document flow is carried out in the Russian Federation, it is necessary to register all documents that are of a reference nature or require that an answer be provided. The journal for recording employment contracts is mentioned in the List of standard management documents approved by order of the Ministry of Culture dated August 25, 2010 No. 558.

Additional agreement to the employment contract in 2020

Working conditions must be specified in the employment contract without fail on the basis of workplace certification data (JW). If the employer has not assessed workplaces, then he cannot reliably indicate working conditions. Simply including the wording “normal conditions” in the employment contract is not enough to consider the provisions of Art. 57 of the Labor Code of the Russian Federation executed.

• salary change
• fixed-term contract became indefinite
• renaming the position
• transfer of an employee to another position
• the part-time agreement became the main one
• change of organization name
• renaming of a structural unit
• changing the employee’s personal data
• temporary transfer of an employee to another position
• temporary replacement
• establishing compensation for harmful and dangerous working conditions
• reduction of probationary period
• transfer of an employee to work in another location due to a company relocation
• introduction of a flexible schedule for a certain time
• payment of wages in kind
• change in wage conditions
• transfer of an employee to a separate unit
• cancellation of previously established irregular working hours
• combination of positions

Sample agreement on combining positions

There must be a separate DS and a deadline is indicated (Part 3 of Article 60.2) larisa s only through his application for release from this work - a complete contradiction of Part 4 of Art. 60.2. And I repeat once again - no additional agreement is needed for cancellation; one reason is enough for the order, either an application or a notification. Don't generate waste paper. no, it is for an indefinite period (the general employment contract specifies additional part-time work in connection with the vacant rate).

and I think it is wrong to present the notice to him only through his application for release from this work. then an additional agreement to the TD and then an order to cancel. You violated one of the conditions for combining - the deadline, and with a situation without a deadline, you obliged yourself to carry out this combination until you were fired. Now negotiate amicably, or accept a person in this place.

Additional agreement in labor law

It should reflect the essence of the document - a change in the content of the contract.

But even if you write simply: “Additional agreement to the employment contract of Ivanov Z.

D." - it will turn out right. Then write the preamble. The usual one is something like this: “Vivat LLC, represented by the director Petr Ivanovich Livanov, acting on the basis of the Charter, called the Employer, on the one hand, and Varvara Evgenievna Polyanskaya, hereinafter called the Employee, on the other hand, have entered into this agreement as follows.”

Additional agreement to cancel additional work

In this article I will tell you how to correctly draw up an additional agreement to an employment contract, what it should contain, the features and nuances of drawing up this document.

The beginning of labor relations between an employee and the head of an enterprise involves the signing of a bilateral contract, which stipulates the main aspects of the performance of work, payment compensation, as well as possible benefits and penalties.

The end of the period of increased workload is indicated by an additional agreement on the abolition of combining positions (the sample does not have a strictly regulated form).

In a situation where working conditions that are significant for the employee change, an additional agreement to the employment contract is drawn up. This document is an integral part of the contract (or an open-ended contract) and is signed by the employee and a person authorized by the enterprise administration to do so.

• DOWNLOAD a sample additional agreement to an employment contract

Additional agreement to the employment contract

If there is no suitable position or the employee refuses the ones offered, the employment contract with him is terminated.

After signing the add. agreement to change the official salary, the employer issues an order, it is drawn up in free form, which the employee familiarizes himself with. It must indicate: The combination of positions by an employee is provided for by the Labor Code of the Russian Federation; this is when an employee performs his direct duties under an employment contract and also performs additional duties for another position on the staff, receiving additional payment for this.

This combination occurs in three cases:

1. an employee from a combined position is temporarily absent;
2. the volume of work has increased;
3. service areas have expanded.

In the first case, the employee is temporarily absent, but his position remains; he is on vacation, on sick leave or on a business trip; the performance of his duties along with his own is a combination of positions.

How to formalize the termination of combining positions?

The part-time mode allows you to count on additional pay, while with internal part-time work, remuneration is calculated based on the salary that is due according to the staffing table for the performance of official duties of a particular staff unit, in proportion to the time worked.

Decor. The combination takes place within the framework of the same employment contract with the employee, while internal combination requires the execution of a separate employment contract for the candidate. Moreover, the employee is assigned another personnel number. Restrictions.

After this, the employee must familiarize himself with the document no later than three working days and put his signature on it.

From the date of cancellation, the employer is not obliged to make additional payment (Article 151 of the Important Labor Code of the Russian Federation).

How to formalize According to the Labor Code, the process of registering a refusal is regulated by Article 60 (establishes the possibility of transferring additional powers to an employee with his consent) and Article 151 (denotes the payment regime). The process of canceling an additional labor agreement on combinations is not identical to the liquidation of an employment contract.

HR department employees are also advised to familiarize themselves with the appeal ruling of the Moscow Court No. 33-19209/14 and No. 33-25641/14.

Application An application for cancellation is required if this step is an employee initiative. It must be in writing, in two copies. Combining or expanding service areas or increasing the volume of work, including by performing the duties of a temporarily absent employee;

Termination of additional agreement

After working for a couple of months, the employee refuses to continue working under the new conditions and wants to terminate the additional terms unilaterally.

Is his unilateral refusal legal? How to terminate an additional agreement? Changing the labor conditions determined by the parties is allowed only on the parties to the labor relationship, with the exception of cases provided for by the Labor Code of the Russian Federation.

The following describes the basic principles of document design, and at the end there is a sample for downloading. In simplified, it does not mean simple, but because it does not necessarily contain an introductory part, i.e. Termination of the contract may also be due to the agreement of the parties to the contract.

The additional to, in its essence, changes or dissolves the main one.

Refusal of the employee to sign additional

The employee did not agree with this point and asked for a review of the add. agreements. He was told that if he did not sign, he would be fired in two months.

Art. 72 of the Labor Code of the Russian Federation Changing the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Art. 74 of the Labor Code of the Russian Federation - In the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they are allowed to be changed at the initiative of employer, with the exception of changes in the employee’s job function.

If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code.

Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

How to cancel an additional agreement to an employment contract

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Russian Federation, Moscow region to the contract for the performance of labor duties

“The employer cancels the performance of additional work in the order of combining the position of cashier in full”

. 2. Additional payment for combining positions to the Employee is terminated.

3. This amendment to the employment contract comes into force on January 25, 2010. The remaining clauses of the Contract for the performance of labor duties No. 103 dated March 2, 2006.

remain unchanged. 4. This amendment to the employment contract is drawn up in 2 copies having equal legal force, one for each of the parties. 5. This change is an integral part of the Contract for the performance of labor duties No. 103 dated March 2, 2006.

on early refusal to perform additional work ((position, surname, first name, patronymic of the employee) in connection with ___________________________________________________________________________ in accordance with Part.

Based on Art. 60.2 of the Labor Code of the Russian Federation 2. Evdokia Ivanovna Ivanova stop paying additional payments for combining positions. Reason: personal statement dated 04/27/2010

Personnel nuances

When stopping combining positions and professions, you must remember the following important nuances:

• if initially the additional agreement to the employment contract indicated the date of termination of the combination, then there is no need to generate an order and notify the employee about the cancellation of his duties;
• if the fact of combination was not initially indicated in the employment contract, then drawing up an additional agreement is strictly necessary;
• all documents regarding the combination must be drawn up in two copies - one is deposited in the HR department, the second is handed over to the employee for signature.

How to draw up an order to cancel combining positions? You will find a sample in our article.

Is it possible to work part-time while on maternity leave? Read here.

How to draw up a part-time employment contract? Find out from this material.

Deregistration usually occurs for various reasons. The initiative can come from both parties; it is desirable that this decision be agreed upon. The employee must be aware of the employer's decision, but the manager is not required to formulate the reason for the cancellation.

An employee has the right to refuse to perform additional job functions for personal reasons. Since the combination does not involve the allocation of additional working hours, the employee may refuse due to deteriorating health, lack of time or for family reasons.

Often the refusal is dictated by the unsatisfactory level of additional payment - its amount is usually established by a local order and is fixed.

This often happens due to the employee’s dishonest performance of his duties or disciplinary violations. The employer does not need to coordinate the removal of multiple positions with the employee. The legislation only requires issuing an order to stop the combination from a certain date (Article 60, Part.

agreement That is why the legislation provided the opportunity for the management of enterprises and organizations to form additional ones, which become an integral part of existing employment contracts. The essence of the additional agreement Usually additional. the agreement certifies the fact that agreement has been reached between the employee and the employer on only one or two amended clauses of the main agreement, completely canceling their previous version and introducing a new one.

How to uncheck Add.

The employment contract signed upon joining the organization often requires modifications.

An employee moves to another position, takes on additional workload, working conditions change, salary increases, working hours are revised.

Sometimes employees themselves contribute to the emergence of circumstances when certain clauses of the contract lose their relevance and require revision.

. agreements.

How and when can I make a transfer from a fixed-term employment contract to an open-ended one?

Changing the terms of the employment contract determined by the parties. This list also contains relations related to the period of employment. It is believed that it is permissible to change it by drawing up an additional annex to the agreement.

These forced measures to abandon the claimant are identical to other cases, for example, when an authorized person incorrectly issues a pregnant woman an extension of work until childbirth.

After giving birth, on the basis of mistakes made, the young mother can petition the court to recognize the contract as indefinite. The listed types of production situations act as basic grounds or reasons.

They lead to legal consequences in the form of the need to cancel the urgency of the employment relationship: If automatic extension is possible only upon termination of the contract, then, by agreement of the parties and by court decision, the cancellation of the term provision can occur at any time.

Additional agreement to the employment contract

New data is duplicated in the personal card and work book.

Assigning separately paid additional duties to an employee is reflected in the additional. agreement in accordance with Article 60.2 of the Labor Code, if he, of course, agrees to this.

For short-term part-time work (up to a month), an order for the enterprise is sufficient. The amount of payment is a mandatory requirement for filling out an employment contract. If it increases, an additional agreement is needed.

There have probably never been cases of workers refusing such a change in history.

Situations when a de facto change in working conditions occurs, but additionally.

no agreement is required; they are stipulated in labor legislation. This is possible: In all other cases, changes in the terms of employment must be accompanied by the conclusion of an additional agreement.

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Submitting SZV-M for the founding director: the Pension Fund has made its decision The Pension Fund has finally put an end to the debate about the need to submit the SZV-M form in relation to the director-sole founder. So, for such persons you need to take both SZV-M and SZV-STAZH! <... When paying for “children’s” sick leave, you will have to be more careful. A certificate of incapacity for caring for a sick child under 7 years of age will be issued for the entire period of illness without any time limits. But be careful: the procedure for paying for “children’s” sick leave remains the same! < ... Home → Accounting consultations → Employment contract Updated: April 17, 2020 Combining positions is one of the options for assigning an employee to perform additional work (Article 60.2 of the Labor Code of the Russian Federation).

How to cancel an additional agreement to an employment contract sample

Based on this notification, an order is issued to cancel the work order and, if necessary, an order is issued to the accounting department to cancel the additional payment.

After the combination has been interrupted, regardless of the initiator, both parties must draw up an additional document to the TD on termination of the combination.

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© 2004-2019 HR-Portal: The community of HR Managers have entered into this agreement to amend the employment contract. 1. Exclude from the employment contract No. 16 dated October 10, 2005, concluded between Astra LLC and Petrov Petrovich (hereinafter referred to as the Employment Agreement) the following clauses: clause 1.7, clause 1.9. 2. State in the new following edition paragraphs 1.1, 4.1 and 5.1 of the Labor Agreement: An additional agreement to the employment contract was concluded with the employee on establishing an additional payment for combining positions. An additional agreement was concluded with the employee to the employment contract on establishing an additional payment for combining positions.

Normative base

To figure out how to cancel combining positions, you need to study the regulatory framework in as much detail as possible.

It includes a fairly extensive number of regulatory documents that fully regulate this procedure.

The regulatory framework includes the following:

• Art. No. 60.2 of the Labor Code of the Russian Federation - indicates the very possibility of assigning additional work to an employee with his written consent;
• Art. No. 151 of the Labor Code of the Russian Federation - an additional payment regime is established for the combination itself (by agreement of the parties);
• Article No. 72 of the Labor Code of the Russian Federation - the procedure for canceling an additional labor agreement on combination of jobs is not identical to the annulment of an employment contract.

Also, if possible, it is worth familiarizing yourself in detail with the judicial practice on this issue:

• appeal ruling of the Moscow Court No. 33-19209/14 dated September 10, 2014;
• appeal ruling of the Moscow Court No. 33-25641/14 dated July 24, 2014