LawRegulatory Compliance

Supplementary agreement to the agreement

An additional agreement to the contract is now applied by employers quite often. This is mainly due to the need to make some changes in the document. To draft an additional agreement to the contract (an example of which is enshrined in legislation) in a number of cases also requires the Labor Code.

Both the employer and the employee can act as the initiator of the changes. When an additional agreement to the contract is drawn up on the initiative of the employer, he must notify his employees about this not less than two months before the proposed changes. These, for example, may include changes in pay, the nature of the activity, the mode of working time and so on.

A sample of an additional agreement to an employment contract is necessary to correctly document the expected changes.

Before creating the preamble, you must first determine the title of the document.

In connection with the fact that the replacement of provisions, figures, words, the addition of the main text with paragraphs or articles is a change of the text itself, an additional agreement to the treaty may be "about making changes" or "changing conditions."

The optimal variant of preamble compilation is considered, if it repeats that from the source document. The supplementary agreement to the treaty in the introductory part may contain reservations regarding 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 obliged to make justifications. For example, according to Article 74 of the TC, it is necessary to reflect the reasons for changing the technological or organizational conditions of work. This information can be specified both in the preamble and in the text of the treaty itself.

That quality with which the text of the new document is drawn up, shows the degree of professional preparation of the component, as well as the level of managerial culture in the enterprise. There are several rules that allow you to create an understandable and clear document.

First of all, changes are recommended to be stated sequentially. It indicates the subparagraph, paragraph or article to which changes are made. Simply put, in the text, for example, first you should point out the additions to paragraph 3, and then, to paragraph 5, but not vice versa.

Do not make changes without specifying the structural units (subparagraphs, paragraphs) of the original contract. In other words, it is necessary to indicate where new information is being made specifically. For example, it should not be written as follows: "The words" the average monthly payment "should be replaced by the words" salary according to the post. "It will be correct as follows:" In paragraph 2.3 the words "average payment for the month" are replaced by the words "salary according to the post".

Changing the numbers, in the additional agreement it is necessary to apply the term "figures". For example: "In paragraph 3.4, the numbers" 8200 "shall be replaced by the digits" 10900 ".

If the terms of the original contract are preserved while supplementing with the new provisions, the experts recommend that the supplemented structural units be listed in a new edition.

In some cases, changes may affect a sufficiently large number of sub-items, paragraphs, sections. So, for example, when you transfer to a different position, the name of the position, department, as well as the duties and rights of the employee in connection with the new functions, payment terms and other conditions will change. In these cases, specialists recommend that a new employment contract be drawn up with the changes already made as an annex to the supplementary agreement. To do this, the document uses a special formulation, indicating the existence of an application.

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