Addendum to the employment contract: reasons, drafting procedure and sample document
When hiring a new employee, a special document is drawn up between him and the employer that regulates the rights and obligations of the parties, and establishes certain working conditions. In the course of employment, it often happens that various clauses of the main contract become obsolete and must be replaced.
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This happens under various circumstances: an employee is given an increase or decrease in salary, he is transferred to another position, adjustments are made to his work schedule, etc. All these changes need to be documented - in the signing of an additional agreement.
An addendum to the employment contract is signed if there are changes in the size of the salary
Establishing the volume of wages is one of the main sections of each employment contract, the presence of which is mandatory. If an employee's salary changes (whether upward or downward), this fact must be documented by signing between the employee and the employer.
After the parties sign, it will serve as evidence that the change in salary took place on a voluntary basis and subject to the consent of both parties. Almost any organization in the course of its activities is faced with the need to reduce the salary of some employees.
The reasons for this may be the unstable financial condition of the company, some changes in the production process, etc. One way or another, in the event of a decrease in the salary of an employee for any reason, drawing up an additional agreement is a mandatory requirement for such changes.
It should be noted that a reduction in wages is a significant change in the terms of an existing employment contract, and in this case, the employee must be warned about this in advance. If he shows unwillingness to continue working on new conditions, then he can be fired.
Salary increases, which are most often associated with an improvement in the organization's financial capacity, should also be documented. Changes in most cases are made according to the standard scheme:
- the head of the employee draws up a special document - - addressed to the head of the organization, in which he gives arguments in favor of the fact that the salary of this employee should be increased. The reason for its increase may be a high level of professionalism, labor merits and achievements, increased productivity, etc.
- the management of the organization, based on a memo, issues an order, according to which the staffing items that are related to the employee's salary can be changed
- these changes in staffing serve as a legitimate reason for issuing an addendum to the employment contract
Various changes in the amount of an employee's salary are common reasons for drawing up an addendum to an employment contract.
Other reasons for compiling an addendum
Addendum to the employment contract: collective character
Another fairly common reason for drawing up an addendum to an employment contract is the transfer of an employee to another position. Sometimes an employee actually remains working at the same place, and the reason for issuing an addendum is a change in the name of his position, or the department where he works. Sometimes the name of the entire company changes - one way or another, one cannot do without an additional agreement.
As for women, it is characteristic for them when they get married. Much less often, people, on their own whim, or when the need arises, take a new name or patronymic. Any such changes in the personal data of the employee must be reflected in the additional agreement.
Often, employees express a desire to work in two positions at the same time: the main and additional. The possibility of performing additional duties has legal grounds. In this case, an additional agreement is signed, which specifies the conditions for combining the two posts. In particular, the agreement should specify the duration and scope of work, as well as salary changes.
In some cases, employees, for whatever reason, want to slightly change their work schedule. If it improves their productivity, then most employers agree to the innovation and draw up a written addendum to the contract.
Changes in the full name, the transfer of an employee or the combination of several positions by him is the reason for drawing up an addendum to the employment contract.
How to write a good document
An additional agreement is drawn up in accordance with the established rules and regulations. The legislator provides for the possibility of amending the main contract, both by the employer and by the employee.
In the first case, the employer must notify the employee about upcoming innovations no later than two months before these innovations are introduced. When drawing up an additional agreement, you should remember the following important points:
- At the beginning of the document, you must specify its name.
- the text, as an important part of the document, should be worked out in detail
- all changes must be described sequentially and indicated together with references to the amended clauses of the contract
- as a result of the correct drafting of the document, the articles of the employment contract that have undergone changes should turn out to be clear and understandable
- in case of any numerical changes in the main document, when making out an addition, you need to use the word "numbers"
- if there are too many proposed changes, it is advisable to draw up an additional agreement as an employment contract with changes
- when compiling an addendum, it is necessary to remember the main document. It marks the date of the changes and the fact that the addition was made.
- in the drafted document, it should be clarified that the unchanged articles of the main contract are valid on the same terms
- it is also important to indicate the date from which the innovations will take effect
To draw up an additional agreement, you must have: a notice and consent of the employee, drawn up in writing, an order and, in fact, an addition to the agreement in two copies. an employee is necessary in situations where serious changes are made to his professional duties in the main contract.
In other cases, this consent is not necessary, since the signing of an additional agreement itself will play the role of the employee's consent to changes in the terms of the main document. An additional agreement is drawn up in accordance with the established rules and must contain all the information about innovations and changes in the employment contract.
An addendum to an employment contract is a document used to introduce innovations into the conditions
