Sample additional agreement on renaming an organization

What is a position and job function?

Some people believe that a change in job title will automatically constitute a transfer.
However, in paragraph 1 of Art. 72 of the Labor Code of the Russian Federation clearly states what constitutes a translation. It means “a permanent or temporary change in the employee’s labor function” or the unit in which he is registered. Also, a transfer is the relocation of an employee to another territory. Neither one nor the other applies to the documentary renaming of the position. Therefore, renaming a position is not considered a transfer. Info

From the moment the CONTRACTOR fulfills its obligations under clauses 2 and 3 of this additional agreement, the CUSTOMER will not have any material or moral claims against the CONTRACTOR related to the execution of the CONTRACT.5. This Additional Agreement: comes into force from the moment it is signed by the PARTIES. is an integral part of the AGREEMENT. drawn up in two copies having equal legal force, one for each of the PARTIES. SIGNATURES SIGNATURE CONTRACTOR CUSTOMER General Director Citizen(s) LLC " " / / MP Additional agreement when all products have not been selected ADDITIONAL AGREEMENT No. 1 to agreement No. dated " " 201

At the same time, in order to update the name in all documentation, it is still recommended to change the name of the organization in local acts by crossing out the old one and introducing a new name or publishing documents in a new edition, that is, with a clarified name. When changing the name of an organization, it should be remembered that the transformation of the type of company (for example, from a closed joint stock company to an open joint stock company) within the framework of one organizational and legal form is not a reorganization within the meaning of Article 57 of the Civil Code of the Russian Federation.

Question from practice: how to draw up an additional agreement if a change in the terms of an employment contract affects almost all of its contents. In some cases, a change in the terms of an employment contract may affect almost all of its contents. For example, a change in an employee’s job function may lead to a change in his rights and obligations, remuneration conditions and many other provisions of the employment contract. Therefore, if too many changes are made to the employment contract, it may become difficult to understand.

To make the terms of such an agreement clear, you can use the following method. Issue an additional agreement to the employment contract. In it, duplicate those provisions of the employment contract that will continue to apply. At the same time, in the preamble of the additional agreement, make o.

The employee must be suspended from work until the circumstances that served as the basis for his exclusion from work cease (Part 2 of Article 76 of the Labor Code of the Russian Federation). Question from practice: is it necessary to draw up additional agreements to employment contracts if the Regulation on bonuses, including the procedure for paying bonuses, changes, but the employment contract only contains a reference to the Regulation Yes, it is necessary.

A change in the remuneration procedure is a change in the mandatory terms of the employment contract. This procedure can only be carried out with the consent of employees, so they must be familiarized with the changes and signed with explanations of the reasons. This must be done two months before the application of the new edition of the Regulations on bonuses.

In the case where the employee’s job functions remain the same, but the name is subject to change, this action is not a transfer. In case of transfer, such an order should be issued.

The change procedure is permitted with the consent of both parties to the labor relationship and at the initiative of the manager in accordance with Article 74 of the Labor Code of the Russian Federation (technological or organizational changes), which is accompanied by the execution of a notification.

The document must contain information about the new job title and the reasons for the procedure. The specialist must be notified of the renaming no later than 2 months before the decision is made; the employee’s introductory signature is placed on the form.

If it is not possible to meet the employee in person, the notification is sent by registered mail or courier.

Next, you should draw up an additional agreement to the contract, on the basis of which an order for renaming is already drawn up. The timing of document signing varies depending on the initiator of the process:

• with the consent of both parties, the agreement is signed at any convenient time;
• with the sole decision of the head of the company, the agreement is approved after 2 months from the date of notification of the specialist.

Refusal to change on the part of an employee is an extremely rare phenomenon, but still possible. In this case, the employer is obliged to recommend a similar vacancy, taking into account the well-being and qualifications of the specialist, or, if there is none, a less paid one. But these activities are most often carried out in the interests of the employee; it is unreasonable to refuse them.

An additional agreement to the current employment contract is the basis for issuing an order.

The document is published on the organization's letterhead in free form.

Basic information contained in the order:

• number, title of the document;
• date and place of signing the order;
• reason for renaming without changing the labor function (production optimization, company reorganization, changes in the qualification directory);
• designation of the name of the old and new position;
• date of entry into force of changes;
• basis for the decision (plan to optimize the company structure, additional agreement);
• signature of the head of the legal entity and the employee whose job title is being changed.

The order serves as the basis for subsequent editing of the employee’s personal documentation: personal card, work book. Also, amendments in connection with the renaming are made to the staffing table of the enterprise indicating the new job title.

This procedure applies to organizations of various forms of ownership (commercial, budgetary).

Current legislation leaves the employing company the right to name the position of a specialist at its own discretion, if the chosen name does not affect the need to provide the employee with preferences and benefits. In order not to make a mistake, you should be guided by the provisions of the Handbook, approved by Order of the Ministry of Labor No. 37, adopted in 1998.

In practice, firms actively use freedom in job titles. For example, a personnel officer in different companies may be called an HR manager, a specialist in personnel selection and adaptation, a personnel inspector, etc.

The employee’s labor function is fixed in the contract signed by the specialist and the company’s staffing table. Its change entails the need to draw up personnel documents (order, additional agreement to the employment contract), and a proportional increase in the level of wages.

The following is recognized as a change in labor function:

• expanding the list of functions performed by a specialist;
• narrowing the range of tasks to be solved;
• changing certain responsibilities assigned to the employee to new ones.

Any modifications in the functionality performed are carried out with the written consent of the hired specialist. The company is obliged to notify him of planned changes no later than two months before they come into force.

The job title is a brief verbal description of the job function. These positions are in direct relationship: if an organization accepts a personnel inspector into its ranks, he will be assigned a set of tasks provided for by the “staff” for a specific position. You cannot change the job title to something else, for example, “HR specialist,” without permission.

What should an enterprise do if it does not want to adjust the labor function of a specialist, but wants to name his position in the “staff” more solidly or euphoniously? The law leaves this right to the employer, but obliges it to obtain consent from the hired employee and sign an additional agreement with him.

From the point of view of the Labor Code of the Russian Federation, renaming a position is a change in the essential terms of the employment contract. This can be done in two ways:

• by agreement of the parties, the provisions of Art. 72 of the Labor Code of the Russian Federation;
• at the initiative of the employing company - the situation is regulated by the rules set out in Art. 74 Labor Code of the Russian Federation.

If the initiator of the change is the employer, he is obliged to send written notice to the employee no later than two months before the planned changes. Current legislation does not offer a unified form of the document. It is only stipulated that it must indicate the future name of the specialist’s position in the company, the reasons for the adjustments made (for example, reorganization of the department, changes to the staffing table, the use of new production technologies, etc.).

Important! The paper is handed over to the employee against signature or sent by letter with acknowledgment of delivery.

The specialist who receives the notice usually agrees to the new terms. To confirm his acceptance, he writes “I have no objection” on the document and affixes his own signature.

Another option for developing the situation is the employee’s refusal. It should be noted that such an outcome is extremely unlikely: renaming positions is usually carried out in the interests of personnel. If the employee still does not agree with the changes, the company is obliged to offer him alternative positions (including lower paid ones) in writing. If none of the options suits the specialist, the employment contract will be terminated under clause 1, part 7, art. 77 Labor Code of the Russian Federation.

If agreement is reached between the parties, an additional agreement to the employment contract is signed two months after receiving the notification. It states:

• Document number and date;
• Company name;
• Full name and current position of the specialist;
• No. and date of the contract to which adjustments are made;
• No. of the amended paragraph and its new edition;
• an indication that the remaining provisions of the contract remain unchanged.

The additional agreement must be signed by both parties. It is prepared in two copies: one is stored in the personnel department of the enterprise, the second is handed out to the employee.

Instructions: draw up an additional agreement to the contract

An additional agreement is a written decision of the parties to change existing agreements.

The key purpose of the document is to adjust the essential provisions of the contract or completely terminate or terminate them.

However, the Civil Code of the Russian Federation does not contain a specific definition of this term. Despite this, numerous regulations contain references to this category of documentation.

Since the additional agreement is aimed at changing the provisions of the original agreement, therefore, the procedure for its preparation is subject to the rules on transactions and obligations (Articles 153, 420, 450 of the Civil Code of the Russian Federation). Thus, an additional agreement is determined by three key features:

1. Only applies to a valid agreement. In simple words, it is impossible to draw up an additional agreement to extend the term of the contract under an already “closed” contract. Only a valid document can be renewed. If the contract has already expired, a new government contract will have to be concluded; drawing up an additional agreement in this case is pointless.
2. It is considered invalid if it is drawn up in connection with an invalid contract. So, if the original contract was declared invalid, regardless of the reasons, drawing up an additional agreement does not give it legal grounds. However, if the additional agreement is declared invalid, then this circumstance does not apply to the provisions of the main contract.
3. The document adjusts only those conditions and agreements that are described in it. In other words, from the moment the additional agreement comes into force, new provisions begin to apply, but only in relation to the circumstances that were specified in the new document. But the conditions that have not been adjusted continue to operate in the old, original order. For example, an additional agreement on the extension of the contract only adjusts the terms, but the calculation procedure and the rules for determining the value of the contract do not change, since such adjustments were not made to the additional agreement.

Please note that the document itself is recognized as a transaction, but at the same time is an integral part of the original contract.

It should also be taken into account that if there is an additional agreement, it will be valid for the entire duration of the original contract.

For example, if an additional agreement was concluded to the main contract, which changed the settlement procedure, then when the main agreement is extended, the additional agreement will also be valid for the entire period.

In what cases will it be necessary to draw up an additional agreement?

Quite often, existing agreements between the parties lose their relevance for numerous reasons.

These include legislative adjustments, an unstable economic situation, a systematic rise in prices, and much more. Consequently, partners often have to adjust the terms of agreements and contracts.

Even a minor change in the company’s details requires timely changes to the concluded contracts.

So, let’s determine the circumstances under which the execution of an additional agreement is necessary:

1. The existing agreements are no longer relevant, and the parties decided to update them. In this case, specific clauses or even sections of the current contract are adjusted. The new conditions come into effect from the moment the document is signed.
2. Carrying out a transaction requires the introduction of additions, instructions, and requirements that were omitted in the original version of the contract. For example, it is necessary to introduce conditions regarding the requirements for the quality of goods that were omitted when concluding the transaction.
3. There is a need to exclude certain provisions from the contract. For example, according to the terms of the transaction, the supplier can ship the goods in only one batch, but now the shipment can be divided into several parts.
4. The details of the parties have been changed. For example, one of the parties has changed its legal form, name, or the current account or servicing bank has changed. In this case, an additional supplement is simply necessary. It is permissible to draw up new details as an appendix to the additional agreement to the contract.
5. Changing the contract price, as well as adjusting the payment procedure, also requires documentation. You will also have to draw up an additional document if the term of the contract changes.
6. There is a need to terminate existing agreements or, in simple words, terminate an existing contract. In this case, you will have to enter into an agreement to terminate the state contract.

Please note that in terms of labor relations between the employer and the employee, similar requirements for drawing up additional agreements apply. So, if the terms of employment are changed or terminated by agreement of the parties, then it is simply necessary to draw up a sample additional agreement to the employment contract.

Document requirements

Updated agreements must be formalized accordingly, that is, documented. It is not possible to change the terms of a written agreement orally. Consequently, the additional contract must be prepared, drawn up, and executed in exactly the order and sequence in which the original contract was created.

Please note that if the execution of the transaction required state registration with the relevant authorities, then the additional agreement will have to be registered in the prescribed manner with Rosreestr. Otherwise, the new conditions will be considered invalid.

If the initial terms of the transaction required official publication in the media or other sources of information, or it was necessary to notify a circle of interested parties, then changing the terms requires similar actions. That is, the additional agreement should be published in the media or on the Internet or a notification should be sent to interested parties.

The new conditions begin to apply from the moment the form of the additional agreement to the contract is signed, unless otherwise provided by its provisions.

For example, it is permissible to indicate in the document a specific date from which the updated agreements begin to apply.

If state registration is required, then the new interpretation comes into force for the parties to the transaction from the moment of signing, and for third parties - from the moment of official registration.

Please note that it is permissible to change the terms of the state contract retroactively. To do this, indicate in the additional agreement that the new agreements apply to relations that arose earlier. A similar right exists to terminate the agreement retroactively. However, such a document cannot violate legal norms, nor infringe the rights of the parties.

Instructions for compilation

There is no unified form, as well as established rules for drawing up documentation. After all, in each situation the specific condition changes, which means that it is necessary to act on an individual basis.

But it should be taken into account that there are mandatory details that must be included in the supplementary document. These include:

1. Place of drawing up and/or signing. It is necessary to indicate the name of the locality or city in which the new agreements were reached.
2. The date of conclusion of the new document, that is, the specific calendar day on which the parties entered into a new deal.
3. Details of the original contract are a prerequisite. If you do not provide a link to the document being changed, the new one will be considered invalid.
4. It is necessary to identify the parties (their full names, addresses, details) who are adjusting or terminating the transaction.
5. Determine in as much detail and detail as possible all changes, adjustments, additions and obligations that are subject to updates.

Having identified all the mandatory conditions and agreements, determine from what moment the new provisions begin to apply. This procedure applies if the parties were able to agree among themselves.

If you are just planning to change the contract, then you need to prepare an additional agreement, including all the same mandatory details. Then make two copies at once and sign them.

Send both documents to your partner with a request to sign and return one copy to you. Please note that the partner has the right to refuse to sign the supplementary document by drawing up a reasoned refusal.

That is, indicating for what reasons a change or termination of an existing transaction is considered illegal, unlawful, unnecessary, and so on.

Samples of additional agreements

An example of an additional agreement to a contract to extend its validity (general form):

Download

To change the details of the parties:

Download

Features for employment contracts

As you know, an employment contract is signed only once - when you are hired by a new employer. However, after a certain period of time, the conditions stipulated in the employment contract may become outdated. Therefore, they need to be documented. This is precisely why an addendum to an employment contract is drawn up.

There is no unified form; everything is determined individually. The sample additional agreement to the contract with the employee must contain all aspects that should be interpreted in the new edition. The document must be signed if the essential terms of the TD are changed. These conditions are named in Article 57 of the Labor Code of the Russian Federation.

Please note that you cannot terminate the old contract - it is illegal without substantial grounds for doing so. However, there are situations when an employee has been working for a company for quite a long time, and there are so many additional agreements signed that you can get confused in them. What to do in this case?

Even in such a situation, it is impossible to terminate the old contract and re-enter a new one. To avoid confusion, it is permissible to prepare a new supplementary document, in which it should be indicated that: “the current employment contract should be stated in a new edition.” And attach a new version of the contract between the employee and the employer. Otherwise, follow the generally accepted rules for drawing up additional agreements.

Sample additional agreement to an employment contract

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Source: https://gosuchetnik.ru/shablony-i-formy/instruktsiya-sostavlyaem-dopolnitelnoe-soglashenie-k-dogovoru

How to formalize an agreement to change the name of an organization?

Change in the section “Addresses and details of the parties” of the employment contract “Limited Liability Company “)” to “Limited Liability Company “Novaya”, 3. All other terms of the employment contract are considered unchanged and binding on the parties. 4.

Both copies have equal legal force. Signatures of the parties: Employer Employee A copy of the additional agreement was received by I.I. Ivanov Details in the materials of the Personnel System: 1.

How to draw up an additional agreement

A sample additional agreement on changing details is easy to draw up; it does not require special legal knowledge, the main thing is to have accurate data about the counterparty. You can compose it in free form, but you should indicate the following information:

• Title of the document;
• date of;
• information about the contract to which the additional agreement is being drawn up, so that it is clear what kind of contract we are talking about (date, name, number, if any);
• the name (it is also advisable to indicate the legal form in full) of the parties and their representatives: as a rule, these are directors who have the right to represent interests under the Charter. If other persons sign the agreement, their authority to do so must be certified;
• list of changes;
• an indication that other conditions remain unchanged;
• indication of the time of entry into force and the number of copies, their legal force;
• signatures and seals.

Sample additional agreement

It is not difficult to draw up and fill out a sample additional agreement to an agreement on changing details; a sample form of this document can be downloaded below. Of course, it is necessary to enter current information about the contract to which it is being drawn up, paying attention to dates, surnames, names of the parties and other information.

Sample additional agreement for renaming an LLC

Attention

If a company has a job description for each person working in it, then this is followed by a change in the job title in this document. Usually the last document has to be re-issued in its entirety with new numbers assigned. An order to amend the staffing table is drawn up after these organizational changes.

Will this constitute a transfer? Some people believe that a change in job title will automatically constitute a transfer. However, in paragraph 1 of Art. 72 of the Labor Code of the Russian Federation clearly states what constitutes a translation. It means “a permanent or temporary change in the employee’s labor function” or the unit in which he is registered.

Also, a transfer is the relocation of an employee to another territory. Neither one nor the other applies to the documentary renaming of the position. Therefore, renaming a position is not considered a transfer.

Answer: How to draw up personnel documents when changing the name of the organization If the name of the organization changes, then the personnel service must: In the work book, make an entry about the renaming of the organization in the section “Information about work” in the following order: This procedure is given in paragraph 3.2 of the Instructions approved by the resolution of the Ministry of Labor Russia dated October 10, 2003 No. 69.

When changing the name of an organization, it is not necessary to make changes to the local acts in force in it, since when changing the name, there is no change in the employer as a party to the labor relationship. The new name will appear in local acts as they are issued (adopting new or updating existing documents) within the framework of the employer’s current activities.

Such conclusions follow from the totality of the provisions of Articles 2 and 20 of the Labor Code of the Russian Federation.

Important

The Customer", represented by acting on the basis of the Charter, on the one hand, and "", hereinafter referred to as the "Supplier", represented by, acting on the basis of, on the other hand, hereinafter referred to as the "Parties", have entered into this additional agreement as follows: 1 In connection with the expiration of the "" 201 year of contract No. dated "" 201 and the actual consumption of products by the "Customer" in fact, namely: in quantities for the total amount, the "Parties" came to a mutual agreement to terminate contract No. dated " » 201.2. This additional agreement is an integral part of contract No. dated "" 201.3.

From the moment of signing this additional agreement, all obligations of the “Parties” under agreement No. dated “ “ 201 are terminated.4. The parties have no claims against each other.5.

Legal basis

According to Art. 432 of the Civil Code of the Russian Federation, a contract is considered concluded if an agreement is reached on all the conditions classified by the legislator as essential. For different types of transactions, these are different conditions: price, terms, procedure for fulfilling the obligation, etc. Also, the parties themselves can, by their agreement, classify some conditions as essential. But absolutely, the details under no circumstances refer to essential conditions. However, if they are missing or they are written incorrectly, problems may arise for one of the parties to the agreement:

• when generating primary documents;
• when making calculations.

An additional agreement to the contract on changing details is not a mandatory document; it can be replaced with a written notification, the main thing is that there is confirmation of its sending to the other party.

A sample additional agreement on changing details will be a topic of discussion later, but for now we will highlight several important points:

• most of it is publicly available data that can be easily obtained from open sources, having basic information about the counterparty and the bank where the account is opened;
• Judicial practice does not consider easily correctable errors in information about a party to be a reason to doubt the legitimacy of the contract;
• the conclusion of an additional agreement is not mandatory; written notification is sufficient;
• An error in banking data can lead to a number of lawsuits for the recovery of unjust enrichment, so they must be checked very carefully when concluding a contract.

The renaming mechanism in general terms

In order for the renaming to be legal, a number of conditions must be met. In particular, on making changes to the employment contract, staffing table and employee’s work book. The algorithm looks like this:

1. Filling out and signing the employee notice.
2. Drawing up an additional agreement.
3. Change of job description.
4. Making necessary changes to the staffing table by appropriate order.
5. An order is issued to transfer the employee to another job (Form T-5).
6. The changes that have occurred are recorded in the employee’s work book.

First of all, the employee must be informed in writing about the upcoming changes. This action must be carried out at least two months before the change. These points are specified in Art. 72 and Art. 74 Labor Code of the Russian Federation.

IMPORTANT! The notice (or agreement) for a change in job title must include valid reasons.

For example, reorganization, technological changes, improvement of a department. Or a more banal one - to bring the position into compliance with the qualification directory. This wording is also acceptable.

Next, an additional agreement to the employment contract itself is formed. It is agreed upon and signed. In practice, there are cases when an employee categorically disagrees with this document. Then it is possible to offer him another job. There is also a possibility of his dismissal, according to Part 1, Section 7, Art. 77 Labor Code of the Russian Federation.

If a company has a job description for each person working in it, then this is followed by a change in the job title in this document.

Usually the last document has to be re-issued in its entirety with new numbers assigned. An order to amend the staffing table is drawn up after these organizational changes.

Why do you need a document?

If an employee is entitled to any guarantees and benefits (for example, he performs his duties in difficult working conditions and therefore becomes an early retiree), then the name of his position must meet the requirements of professional standards or be mentioned in the qualification directory.
This is the only way the Pension Fund will consider an application for benefits.

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

It is for these purposes that the vast majority of employers seek to bring the employee’s job title into compliance with the requirements.

Components of paper

The document consists of an upper part, in which the name of the locality is written on the left side, and the date of completion and signing is indicated on the right side. Then the title of the document itself comes indented and in the middle of the line. Be sure to indicate its serial number, as well as the number and date of acceptance of the main agreement.

Below, the manager or personnel officer writes his full name, position and the basis on which he has the competence to change the content of the employment contract. In particular, to rename a position without changing job functions. It is called "Employer". An employee who agrees to the rename is referred to as “Employee”.

Important! The new position should also be mentioned. The name of the old labor designation will be present in one of the clauses of the additional agreement, in its main part.

After the introductory part of the document, the features of “consent” are indicated. It usually consists of three interrelated points.

• The first paragraph can be formulated as “to make changes to ___ clause of the employment contract number ___.” Moreover, the changed paragraph must be quoted.
• The second point stated in the document assures that none of the other clauses of the employment contract are changing. If desired, you can mention points relating to the employee’s labor function and remuneration.
• The third paragraph specifies the timing of the entry into force of the new name.

If desired, you can specify in an additional line who is responsible for the execution and preparation of related documents, but this is not necessary.

At the end, the signatures of the employer (or a personnel officer vested with appropriate authority) and the employee are placed. You can specify your details and passport data, or you can do without them. The paper has a free form.

FOR YOUR INFORMATION! The additional agreement in itself is not an independent document. It only changes some aspects of the original agreement, and without the employment contract itself it is invalid.

Algorithm of actions

The employer himself can initiate the procedure directly in the event that there are organizational, structural or technological changes. The previous working conditions cannot be preserved, and only the list of professional job responsibilities of a particular person remains in effect.

To explain to a company employee why it is necessary to change the terms of the previous employment agreement, he needs to give specific reasons explaining the actions of the administration. It is necessary to refer to Art. 57 of the Labor Code of the Russian Federation, which states that the name of the position is an integral condition of the employment contract with the employer.

The reasons that prompted the employer to make this change may be:

• reorganization of the structure where individuals work;
• introduction of some changes to the staffing table;
• the introduction of a technical or technological innovation that changes the nature of production or the form of service provision.

The employer must provide a written notification to the employee about the upcoming adjustment of the title of his position no later than two months before the planned action (Part 2 of Article 74 of the Labor Code of the Russian Federation).

It is necessary to notify the employee of a change in the organizational structure against signature, by delivering the document to his residence address, or using another opportunity. A copy of the notification must be given to the addressee.

The text of the notification must contain a link to Art. 74 of the Labor Code of the Russian Federation and the wording, as in the sample below: “Due to changes in working conditions (expansion of the department, increase in production or sales - enter the necessary one) two months from the time of receipt of this notification, your position will be called differently (name according to the Directory ). The functionality will not change."

Ignoring this step by the employer may lead to negative consequences in possible court proceedings related to the illegality of renaming a position or dismissing a dissenting employee. If there are no objections from the employee, the procedure moves to the next stage.

When mutual agreement is reached between the employee and the administration, an additional agreement to the employment contract is created, additional. An agreement is not drawn up between a company employee and an employer.

The form of the agreement can be arbitrary, but must include:

• document's name;
• preamble - an indication of the two parties signing the document;
• subject of the agreement: renaming the position with additions to certain clauses of the agreement;
• signatures of the parties indicating details.

There are cases when an individual does not agree to future changes in the organizational structure and refuses to work in the new conditions. Then the employer is obliged to offer in writing to fill a vacancy that is adequate to the employee’s qualifications and with similar pay. If there is no similar vacancy, he will be offered a job available to the employer. Sometimes it is also lower paid. Whether to agree or not is up to the employee to decide.

It is also possible to change the title of a position held by a woman on maternity leave before giving birth. This action is permitted by Art. 72 of the Labor Code of the Russian Federation only according to an additional agreement drawn up in writing. If the woman does not agree, it is impossible to dismiss her at the request of the employer in accordance with the provisions of Art. 81 Labor Code of the Russian Federation.

In the case where the employee is not satisfied with either the rename or any of the proposed places of work, he has the right to be fired. This provision is written in paragraph 7 of Art. 77 Labor Code of the Russian Federation. A dismissed individual may go to court, considering the dismissal illegal. If the judge finds evidence of non-compliance with the procedure when adjusting the job title, the former employee will be reinstated to his job.

Issuance of an order

The actual renaming of the position occurs from the time the order for this action is signed and approved.

The basis for issuing the order is an additional agreement signed by the parties.

The creation of the order is carried out by an authorized company employee, most often a HR specialist. There is no unified form of the document; the company usually has a sample, but the mandatory points in its edition are the reflection of the new job title and the time when the rename comes into force.

The order is signed by the manager and recorded in a special journal. The employee is familiarized with its contents against signature, one copy is given to him by an authorized employee

New wording is being introduced:

• to the employee’s personal card (form T-2); It indicates from what specific date the change occurred, reflects the new name and indicates the details of the order. The employee must also sign that he is familiar with the new entry in his work book. The review period is one week from the date of introduction of the new wording;
• in the job description; The instructions themselves are not re-approved, but the additional agreement contains relevant references to the new name;
• to the staffing table; Changes made in accordance with the established rules are brought to the attention of the personnel service employees to those directly affected by these actions;
• in the work book; In this case, the first and second columns are filled in as usual - the entry number in order and the time of its execution are entered. The third column contains the wording as in the example:

The renaming of a position in the staffing table occurs on the basis of the provisions set out in Resolution No. 1/05.01.2004, approved by the State Statistics Committee of Russia.

Changes to the staffing table can be made in two ways:

• issuing an adjustment order listing all amendments to the order;
• approval of the changed staffing table.

In the case where there are many changed items and they are significant, a new staffing table is approved.

If there is a change in the names of a department or position, you can make changes to the existing schedule by changing the content of specific columns. The method of changing the information that is in the staffing table is chosen by the head of the company or organization himself.

Changes to the staffing table follow after the issuance of an order on the need to adjust job titles. The procedure is initiated by the personnel officer, who informs the manager about this in his report. Here, the HR employee lists those structural units and positions whose names need to be changed.

Based on the contents of the memo, the manager issues an order to enter the changed information into the staffing table. The text of the document contains a link to a previously created order on organizational and staffing measures.