Additional agreement to the employment contract nuances of registration

How to properly issue an additional agreement to an employment contract to please the director, auditor, employee and not to violate labor laws? Life presents many questions related to the transfer from one position to another, changes in salaries, substitutions, etc. All real life situations can not be envisaged in the Labor Code, therefore it is stipulated that all amendments are formalized by additional agreements.

On the other hand, there are often situations where wage increases occur regularly, several times a year, the collective is rather big. A lot of papers are being compiled, we have to write more than one additional agreement to the employment contract.

Changes in the contract, drawn up during employment, can be made only with the consent of the employee, and this must be documented, as it is an obligatory part of the labor contract.

When an additional agreement to the employment contract is compulsory?

• The employee is transferred to another job.
• Any conditions in the employment contract vary.
• There are changes in the form of ownership of the enterprise or its owner changes.

Is it possible to transfer an employee without his consent? It is impossible, he will win the dispute in court, it is better to immediately terminate the contract without litigation. An alternative is to draw up and sign an agreement for a temporary transfer, but again, only by mutual consent. Temporary work term is over. Is it possible to transfer the employee back? It is possible, by his consent, and also necessarily there should be an additional agreement to the labor contract on transferring to another position. The form of the agreement is the same as the change in the salary, only the first item is about changing the position, the second is the salary.

In general, it is clear that all steps associated with the movement of an employee on a staff schedule should be accompanied by the execution of papers signed by both parties. This is due to the fact that, along with the movements, the salary (or piece-rate payment) usually changes, and the worker must know how much money he will receive on the day of salary.

How to draw up an additional agreement to the contract

Most often, misunderstandings arise precisely when an additional agreement is drawn up for an employment contract for changing wages. Legislation provides that it is necessary to familiarize the employee with the changes (against the signature).

The general appearance of such a supplement is not complicated. Ordinary preamble: Supplementary agreement (if not first, then No.). "LLC Buttercup in the person (name) on the basis of ...", all as usual. Then the employee's full name, they concluded ... and so on. And then on the points:

1. To make changes in the TD from ___ №__, to state item___ in the following edition: (so any item of the contract changes)
2. The agreement comes into force ...
3. This agreement is (hereinafter referred to as an integral part), TD - requisites.

Date, signatures.

Then a memo with the signature of the head and the order of the personnel department to change the staff schedule. This is in case of an increase in salary. On lowering it is necessary to warn the employee in advance, and how to proceed in this case - read the Labor Code.

How to avoid paper red tape?

• Ask the programmer to do additional forms to be able to quickly print everything.
• Some lawyers (personnel officers) avoid paper red tape, prescribing from the outset in the contract the condition that when raising wages, but without changing positions, additional agreements are not required.
• When applying for employment, a local internal act is indicated in the main employment contract, which has the power of an additional agreement. This local internal act during the change of wages is given for signature to each employee. Whether such an act of the inspector will arrange for labor is unknown.