Notification of a change in the terms of the employment contract: sample, form

The head of the organization may, at will, due to organizational reasons, change the provisions of the labor agreement. But only with the consent of the employee and provided that the employee received a notice of changes in the terms of the employment contract. We will analyze a sample of this document below.

Essential conditions

Basically, the essential provisions of the contract change in some cases.

Let's analyze what applies to them:

1. Place of employment. The contract specifies the actual address of the employee’s work, as well as the name of the department or unit.
2. Position. The name is indicated according to the staffing table.
3. Date of official employment. If the contract is urgent, then the date of termination of employment.
4. Wage. This also includes possible surcharges, bonuses and allowances.
5. Time for rest and work.
6. Possible conditions that are specific to this position.
7. The presence of harmful conditions.

If these and other conditions change, a notice of forthcoming changes in the working conditions of the contract must be provided.

When change is possible

According to the law, there are several reasons on which the terms of the agreement can be changed:

1. Change in the technological process of the organization.
2. Workforce optimization.

These grounds are acceptable only when the main responsibilities of the employee do not change.

The consequence of these reasons is the merger of units or departments, a change in wages or working hours, as well as a reduction.

If we turn to judicial practice, then before introducing changes, the management is obliged to explain their expediency, as well as to send notifications about changes in the terms of the employment contract.

A warning

Besides the fact that the management decides to make changes, it should also listen to employees who are directly affected by the innovations.

Notification of changes to certain conditions of the employment contract gives the employee the right to:

• clarification of the reasons why changes take place;
• the opportunity to agree or refuse the proposed changes;
• change of position (in the case of an open vacancy) if the employee does not agree with the upcoming changes.

The following is a notice of changes in the terms of the employment contract - sample document:

The timing

According to the norms of legislation, the company’s authorities are obliged to warn of upcoming innovations 60 days before their occurrence. Consequently, it is possible to inform employees about changes earlier (but not later) than the specified period, if, for example, some of them are going on vacation during this period.

Also, taking into account the norms of the Labor Code of the Russian Federation, if a reduction in the work collective is planned, then the trade union should be notified about this, and in 90 days.

In cases where a citizen has drawn up a contract with an individual or individual entrepreneur, the head is obliged to comply with the notice period for changing the terms of the employment contract - this is two weeks.

Previous working conditions can only be changed if it is not possible to maintain them.

Can I not report

The relevant question will be - is it possible to do without sending a notice to the employee about changes in the terms of the employment contract?

No. Such notice is the direct responsibility of the organization. If this point is circumvented, then the head can be brought to administrative punishment. This includes the imposition of a fine on the entire enterprise, as well as specifically on management.

At the same time, without notice, the employee will easily challenge any innovation in his employment contract in court. And the court will be on the side of the employee, as his rights are directly violated.

Who notifies

Only employees who have the authority to do so may notify employees. A similar right is granted either by job description, or by the corresponding order of the head of the organization. Most often, this is a staff member, secretary, and less commonly a lawyer.

A document is drawn up in any form. But each company has its own standard, so in this case, you need to adhere to it.

You can issue a notice both on a simple sheet of A4, and on the letterhead of the organization. It can be written by hand (if the change concerns 1-2 employees) or in hard copy. In the latter case, the document must be printed and stamped on it.

An authorized employee or the head of the organization also signs a notice of changes in the terms of the employment contract (the sample was submitted earlier) (the latter option is preferable).

Registration and storage

For each employee who will be affected by the innovation, an individual notice must be drawn up on a change in the terms of the employment contract. A sample of this document should be registered in the journal of outgoing correspondence. This is done so that in case of conflict between the parties, everyone can prove their case. Further (after all the manipulations) the document is transferred to the accounting department, where it is filed to the internal documents of the organization.

An employee whose working conditions are changing should read the notice, as indicated by the mark on the document.

In case of agreement with the changes, an application is written in the name of the head, who gives consent to continue working with the new conditions. In other cases, the employee terminates the employment contract or is offered a new job.

The notice is stored, like all documents, 75 years.

The form. Sample document

The form for the sample notification of changes in the essential terms of the employment contract is not established by legislative norms. Therefore, each organization draws up a form at its discretion, but adhering to the main points of Article 74. As mentioned above, this can be a letterhead or a regular A4 sheet.

Even despite the fact that the law does not establish a list of items that should be in the notification, the stereotype of the correct document has already been formed taking into account the requirements of the basics of office work. The document must specify:

1. Details of the sender and details of the recipient.
2. With the use of a polite form and an epithet, a respected person is notified of future changes in his agreement.
3. The date of entry into force of innovations is prescribed.
4. The real reasons are prescribed for which future changes will have to take effect.
5. Provides links to legal regulations by which the employer operates.
6. Be sure to mention the vacant places in the organization, which the employee can apply for if he does not agree with the new conditions.
7. The absence of vacancies is indicated if the employee for some reason does not want to accept the new conditions.
8. The employee is notified that if he does not agree to the new conditions and other offers do not suit him, the employment contract must be terminated with the subsequent dismissal of the employee.
9. The signature, date and seal of the organization are affixed.

Summing up, it can be noted that labor legislation provides for amendments to the contract at the request of the employer, but with the consent of the employee. Mandatory employees who are affected by the change must be notified of this in due time and must be in writing. Verbal warning is unacceptable either by law or by any other circumstances. The manager must provide the employee with another vacant place, if any.

Any decision made by the parties must be recorded. If this is the employee’s consent to the new conditions, then this is an additional agreement. If this disagreement, then it is fixed on the notice and in special acts. Moreover, if the proposed vacancies to the employee are not suitable, the employment contract is terminated.

Without exception, all documents are created in duplicate, signed by both parties and an organization stamp is affixed to them.