How to draw an additional agreement to the labor contract, in order to please the director, auditor, employee, and not to violate labor laws?Life presents many issues related to the transfer from one position to another, changes in salaries, substitutions and so on. D. All the real-life situations envisaged in the Labour Code is not possible, therefore, provided that all the changes are made by additional agreements.
On the other hand, often have a situation where the increase of wages occur regularly, several times a year, rather big team.Compiled a lot of papers, no one has to write an additional agreement to the labor contract.
changes in the contract drawn up in hiring can be made only with the consent of the employee, and it have to be documented as a required part of the contract of employment.
When an additional agreement to the labor contract drawn up necessary?
- employee is transferred to another job.
- any of the terms in the contract of employment change.
- is a change in ownership of the enterprise or changing its owner.
Can I transfer an employee without his consent?You can not dispute in court, he certainly win, it is better to terminate the contract without judicial proceedings.The alternative - to make and sign an agreement on temporary transfer, but again, only by mutual consent.The period of temporary work is finished.Is it possible to transfer the employee back?You can, with his consent, and must necessarily be made an additional agreement to the labor contract for a transfer to another post.The form of the agreement is the same as to change the salary, only the first paragraph sets out to change the position of the second - the salary.
In general, it is clear that all the steps of the handling of employee staffing must be accompanied by paperwork signed by both parties.This is due to the fact that along with the movement usually changes and salary (or piece rates), and the employee should know how much money he will receive daily wages.
How to make an additional agreement to the contract
Most often misunderstandings occur at a time when additional agreement to the labor contract to change the salary.The law provides that an employee is required to acquaint with changes (by hand).
general form of such additions is not difficult.Regular Preamble: Additional agreement (if not the first, then №)."Buttercup Ltd., represented by (name) ... on the basis of" business as usual.Then name the employee, have concluded ... and so on.And then the points:
- Change from TD ___ №__, p .___ set out as follows: (changes so any item of the contract)
- Agreement enters into force ...
- This agreement is (the pro integral part) TD - requisites.
date, signature.
Then memo signed by the head of the personnel department and the order of the staffing levels.This is in case of increase of salary.On the reduction is necessary to prevent an employee in advance and how to act in this case - see Labour Code.
How to avoid the red tape?
- Ask a programmer to make additional forms to be able to print everything quickly.
- Some lawyers (personnel officer) avoid paperwork prescribing initially in the contract provided that the salary increase, but without changing positions, additional agreements are required.
- When hiring is indicated mainly local domestic employment contract act which has the force of an additional agreement.This local internal act during the change of salary given at the signature of each employee.Arrange any such act of the labor inspector - it is unknown.
