The supplementary agreement to the contract is applied by employers quite often today. This is mainly due to the need to make certain changes to the document. To draw up an additional agreement to the contract (the model of which is enshrined in law) in some cases also requires the Labor Code.
Both the employer and the employee can act as the initiator of the change. When an additional agreement to the contract is drawn up at the initiative of the employer, he must notify his employees of this at least two months before the proposed changes. These, for example, may include changes in wages, the nature of activities, working hours and more.
A sample of the supplementary agreement to the employment contract is necessary for the correct execution of the proposed changes.
Before filling out the preamble, the name of the document should be determined first.
Due to the fact that the replacement of provisions, numbers, words, addition of the main text with paragraphs or articles is a change in the text itself, the supplementary agreement to the contract may be “on making changes” or “changing conditions”.
The best option for compiling a preamble is if it repeats one from the original document. The supplementary agreement to the contract in the introductory part may contain reservations regarding the agreements and contracts concluded earlier.
In some cases, the employer fixes the reason for making changes in accordance with his own desire. However, the law also provides for a number of cases in which the employer is required to make a rationale. For example, according to article 74 of the Labor Code, it is necessary to reflect the reasons associated with a change in technological or organizational working conditions. Indicate this information is allowed both in the preamble and in the text of the contract.
The quality with which the text of the new document is compiled shows the degree of professional training of its component, as well as the level of managerial culture at the enterprise. There are several rules that allow you to create an understandable and clear document.
First of all, it is recommended to state the changes sequentially. At the same time, a subparagraph, paragraph or article is to be amended. Simply put, in the text, for example, you should first point out the additions made in paragraph 3, and then in paragraph 5, but not vice versa.
Changes should not be made without specifying the structural units (subparagraphs, paragraphs) of the original contract. In other words, it is necessary to indicate where specifically the new information is being introduced. For example, it should not be written as follows: “the words“ average monthly payment ”shall be replaced by the words“ salary by position. ”It will be correct as follows:“ In paragraph 2.3, the words “average monthly payment” should be replaced by the words “salary by position”.
By changing the numbers, the term "numbers" must be used in the supplementary agreement. For example: "In clause 3.4, the digits" 8200 "shall be replaced by the digits" 10900 ".
If the conditions of the original contract are maintained, supplemented with new provisions, experts recommend bringing updated structural units in the new edition.
In some cases, changes may affect a sufficiently large number of subparagraphs, paragraphs, sections. So, for example, when transferring to another position, the name of the position, department, as well as the duties and rights of the employee in connection with new functions, payment terms and other conditions will change. In these cases, experts recommend a new labor contract with the amendments already made as an annex to the supplementary agreement. For this, a special wording is used in the document indicating the availability of the application.