Additional agreement to the employment contract: samples. Additional agreement for transfer to another Position: sample document

An employment contract is a document that determines the working conditions for the employee. After time, there are situations that require the adjustment of the contract.

If the salary is changed, when transferring to another position and alignment, the employer and employee carry out the execution of an additional agreement. How to make auxiliary act, more in the material.

The details of the question of which represents an additional agreement to the employment contract on the combination of posts, can be found in the article on the link.

How to make an additional agreement for the employment contract?

The special agreement is drawn up in the event that there are good grounds: a change in the salary, transfer to another workplace, combining posts. Based on the provisions of Article 72 of the TC, it is necessary to draw up a legal sample when mutual decision of the parties.

Based on the consent of the employee and the employer, is issued in free form, an auxiliary agreement in two copies. One sample remains at the head, the second is provided to the employee. Registration of documentation has legal force only after the signature of the ward and leader (then the relevant entry is made to the registration of employment contracts and additional agreements).

If the organization has an account of accounting, then it needs to be added that the employment contract has a subsidiary document. It has such legal functions as a labor contract.

If the compilation of an agreement requires a change in a large number of aspects that concern the change in the salary, extending the term of work, combining posts, then prescribes: "The modified conditions of the employment act are enshrined in a special agreement to the Treaty."

There are two types of conditions for agreement: mandatory and additional.

Mandatory include:

Changes related to working conditions. If the employer decided to deform the employee's employment routine. It is necessary to issue an notice earlier than in two months, relying on Article 74 of the TC.
Changes that relate to increase or decrease the salary of the employee.
Modernization of the employee's working mode.

Supplementary circumstances is:

Clarification of the place of work.
Development time.
Availability of insurance policy.
Improving the level of living conditions.

In a number of important situations to which the employer should treat with all seriousness, refers: Transfer to another department or to another place, extending the term of the contract, combining posts and career decrease in the employee due to illness.

Based on articles: 72.1, 72.2, 73 and 73 of the Labor Code of the Russian Federation, the execution of a special agreement, according to the above paragraphs, is carried out only by mutual agreement of the parties.

Additional Agreement to the Labor Agreement on Changing Oklade

Changes in the salary of labor - a condition that is prescribed only by the mutual decision of the head and the ward. In an arbitrary form, the employer draws up a document on changing remuneration.

Only after the signature of the employee, the auxiliary agreement is considered legal. To properly draw up a typical example of an additional agreement on the change in the salary of labor, you can download this example:

Additional agreement to the employment contract on the combination of posts

If the employee has the necessary level of qualification, to fulfill temporary liabilities, the employer draws up an auxiliary document on combination, based on paragraph 2 of Article 60.

You can combine work if posts are in one department and there are free time to perform the time functions of the partner.

To draw up an agreement, you need to write an application for temporary transfer of official functions with a new employee, issue an auxiliary act and sign an order of combination.

For more information, how to make a document correctly, you can download a typical sample here:

Additional agreement to the employment contract on translating another position

The translation to another position is issued by the consent of the employee. Under the auxiliary document to the contract, the name of another work vacancy is prescribed and the start date of the translation.

Prescribing changes in the additional document is carried out only after the order of the order of the employee to another work.

How to make a transfer agreement correctly, you can read in detail here:

Additional agreement on the extension of the employment contract

During the period of operation, the shelf life of the contract expires. The functionality of the document itself depends on the type of transaction, urgent or deprivable. A temporary contract may be issued for a day, month, year, but not overpaying the bar above five years.

The constant is for the entire period of work. If the ward is desired, an indefinite contract can be changed in urgent.

There are two options for extending the labor period: you can dismiss the employee and on the basis of this to conclude a new agreement or make an additional legal act to the contract.

Based on the approval of the two sides, the extension of the term, possibly, taking into account the provisions of Article 72. If the employer sees that the shelf life of the contract expires, to notify the ward about this not earlier than in three days.

On the site you can download a sample and see how to make an additional document to the main agreement, correctly:

Typical form of an additional agreement to the employment contract

Relying on the above information, it can be concluded that a typical sample of filling the auxiliary document includes:

Name. Depending on the reason for filling out an auxiliary agreement, the change itself will also be the name of the document.
The introductory part, which indicates the full name of the organization, the data of the head and the ward.
Main text. The conditions for changing the Agreement are prescribed, based on the requirements that are enshrined in legislation. Based on the changed points, the rights and obligations of each of the parties are denoted.
Conclusion. At the end of the legal act there is a signature of stakeholders and the date of compilation.

For the final version of the document, the second instance is made. It is worth noting that to replace the director, contact details of the manager or employee, do not need to issue an auxiliary document to the contract.

Work as posting for staff schedules, profession or a certain result of entrusted tasks employee, is considered labor function.

A certain kind of work, which is instructed by the employee, can be a function of both independently and in parallel with work on a particular specialty.

Employee translation to another position

A employee is moving to a new workplace, which is a process of change defined by the parties, the conditions of the employment contract. For such changes, only the mutual consent of the head and employee is necessary. According to the legislation, such exceptions are allowed as translation for a certain period of time.

Do I need written consent?

The worker is moving to a new position when following conditions:

for a certain period or permanent one boss;
together with the boss to another place;
to another boss.

Video describing the three main types of employee translation:

Based on this, the translation is change in the work functionality of the employee, or moving to another labor place with the same manager.

If the employee is transferred on the initiative of the employer, then from the worker you should take consent in writing. If the translation does not require additional movements, then the worker is not needed to write consent ().

Video with clarification to Art. 72.1 TK RF:

In addition, it is possible to translate the worker in his wish, for this it is necessary to provide a written statement to the head. Translate a citizen can be like at his request, then on medical testimony, etc. If the employee is transferred to a permanent place of work, but to another leader, then in the previous place the document terminates its action.

Translation with written consent It is as follows:

Note! If the transition is made only for a while, then it does not reflect in the employment record.

Video about how to make a conversion of an employee:

When can not translate?

When, if the employee did not give a positive answer, I can translate it to another position only in special cases ():

to prevent an accident, or eliminate the consequences of emergency.
To prevent simple and accidents, as well as damage material values.
Instead of an employee who did not work out.

It is forbidden to translate employees For another position without his written statement.

If the employee does not agree to translate, then this is permitted only if simple or PE happens.

Due to the production necessity, no more than one month is allowed to translate an employee (article 74 of the Labor Code of the Russian Federation). If one worker replaces the other, then it is impossible to do it more often than a year.

Important! It is forbidden to translate an employee to work lower qualifications if it is against it. The worker needs to establish average earnings if temporary work is paid below.

Amendments to the Treaty

When translating an employee to another position it is necessary to adjust the information of the employment contract.. Amendments are permissible only with agreement on both sides (Article 72 of the Labor Code of the Russian Federation). To make adjustments only to the boss or employee cannot.

Tk of the Russian Federation, Article 72. Changes by the Terms of Labor Conditions

Changing the conditions of employment contract defined by the parties, including translation to another work, is allowed only by agreement of the parties to the employment contract, except in cases provided for by this Code. The Agreement on Changes by the Terms-specific Terms of the employment contract lies in writing.

Supplementary agreement

This important paper is issued if the information of the contract is changing. An additional agreement is an indisputable continuation of the contract. For this reason agreement must be issued in two copies.: One is intended to the head, the second is an employee.

The document must contain:

The section on the reasons for translation may have a variety of wording, eg:

"Due to the temporary absence of the chief engineer N. P. Solovyov, who dwells on vacation, A. V. Sidorova temporarily change the position and he is appointed by the chief engineer of the company."

Video with a detailed example of how the supplementary agreement is filled with an employee to another Position:

Change of labor conditions

If the head wishes to translate the subordinate to the workplace with a smaller salary, then the head for this should be obtained by written consent. Carry out such a translation of the employee to another post on which he will can get less salary under certain conditions:

according to medical recommendations.
According to the results of the certification and the conclusions that the Commission made.
If the employee did not pass the certification, then instead of dismissal, he may be suggested to go with the most responsible position.

In the order necessarily prescribe The following data:

FULL NAME;
position after translating;
the number of translation to another position, as well as earnings and working conditions;
basis for the transition of an employee.

The wording of the order Maybe such:

"Cook Ivanova L. B. Translate to the position of dispatcher due to health problems from April 6, 2017. Ivanov L. B. Remies a monthly salary of 17,000 rubles "

For registration of the order can choose one of the two forms of filling:

you can fill the usual form T-5.
It is allowed to fill out an individual shape that is used by a specific organization.

It is necessary that the document stands in the document, as well as the translated officer.

Recording in the employment record

Labor books in organizations usually an authorized person.

Filling a book is responsible for the following persons:

employee of the personnel department;
leader of the organization;
glavbuha.

All records in books typically confirm the personnel officer.

Changing position involves the following list of actions:

the boss with subordinates sign an additional agreement;
in labor, the relevant information is recorded;
the order is drawn up that the employee will now be listed in a new position.

Important! Before in the labor, any information will be made, you need to familiarize the book owner to confirm the data. In addition, the owner of the book is responsible for it, as well as for the specified information.

In the employment record need to celebrate a new position in the following way:

first column - recording number;
The second column is the number when there was a change;
The third column - information is prescribed with the following wording: "translated to the position ...";
Fourth column - information on the details of the order of translation.

An example of an employment record:

An example of a recording on the transfer of an employee's personal card:

If the head becomes adheres to all the above points, it will easily prove the legitimacy of all actions in various inspections by regulatory authorities, as well as in court proceedings.

Often, the employer needs to make changes to the employment contract with the employee. There may be many reasons for this (for example, transfer to another position, work or change of remuneration conditions). Does it be necessary to conclude with the employees an additional agreement for the employment contract? Is there a universal sample of such an agreement? Is it possible to conclude an additional agreement to change salaries? These and other questions you will find answers in our article.

Introductory information

What can be changed

In the labor contract, it can be changed as compulsory (Part 2, 3 of Art. 57 of the Labor Code of the Russian Federation) and additional conditions of employment contract (Part 4.5 of Article 57 of the Labor Code of the Russian Federation). In any case, you need to issue an additional agreement to the employment contract. Let us explain what may refer to the mandatory, and what to additional working conditions.

Mandatory conditions

Additional conditions

place of work;
labor function;
start date;
When concluding an urgent employment contract, its validity and circumstances that served as the basis for its conclusion;
wages;
time of working time and recreation time (if different from those commonly installed in the organization);
compensation for hard work and work with harmful and (or) hazardous working conditions;
conditions that determine the nature of the work (movable, traveling, on the way, another nature of the work);
working conditions in the workplace;
Condition for compulsory social insurance.

information about the clarification of the place of work and the workplace;
about testing;
on non-disclosure of secrets protected by law (state, official, commercial and other);
about the duties to work out after studying an equally established period of the term, if the training was carried out at the expense of the employer;
about the types and conditions of additional insurance of the employee;
On improving the socio-household conditions of the employee and members of his family.

Also see "".

About the Additional Agreement

To change the employment contract, you need to make a written agreement between the employee and the employer. The typical form of such an agreement does not exist. Therefore, the employer has the right to arrange it in an arbitrary form in the form of an additional agreement towards the employment contract.

An additional agreement is an integral part of the employment contract. Therefore, an additional agreement must be made in two copies: one - for the employee, the other - for the employer.
If an organization is conducted in the organization of additional agreements to employment contracts, then make an entry on issuing an employee of its instance of an additional agreement.
Also see "". It is not at all necessary that the worker is painted in this magazine. After all, his signature will already be on the most advanced agreement.

Special situations

The legislation determined a number of cases and situations under which before issuing an additional agreement to the employment contract, a number of conditions and to take into account some limitations. These situations are described in more detail in the Labor Code, in the relevant articles:

It is also worth noting that a number of restrictions on the change in the employment contract are provided when working conditions are changed (for example, the production technique changes). On such changes, as well as about the reasons that caused such changes, the employer is obliged to notify the employee under the signature (Art. 74 of the Labor Code of the Russian Federation). And only if the employee agrees, then it is already possible to conclude an additional agreement to the employment contract.

Read the above articles if you need to conclude an additional agreement in the cases listed. In them, everything is described in fairly in detail, which and what time it is necessary to make an employer.
If we are talking about general cases of conclusion of additional agreements, we suggest familiarizing yourself with the samples.

Samples of additional agreements

As we have already said, there is no single sample of an additional agreement to the employment contract. It is constituted for each specific case. We give the several most common samples in Word format that you can download and fix "for yourself."

Supplemental salary change agreement

Sometimes employers change salaries in the organization. This change also needs the consent of the employee. At the same time, it is not necessary to receive it. The Additional Agreement signed by the employee and will be a confirmation of such consent.

So, suppose that salary sales manager increases from 35 to 40 thousand rubles. An additional agreement may look like this:

As you can see, it is not necessary to describe anything in detail (in particular, you do not need to specify the previous salary). It is enough to establish that from the specified date salary from the employee constitutes a coordinated amount with the employee.

Additional agreement on changes in working conditions

Supplemental agreement on transfer to another position

In order to transfer an employee to another position, you can compile an additional agreement and indicate in it, which position is translated by an employee and from what date this change begins to act.

We also keep in mind that the employer will need to issue an order to transfer an employee to another job.

Agreement on the employment contract in the new edition

As we have already said, it is possible to conclude an additional agreement on the statement of the employment contract in a new edition. This is the only true option. After all, labor legislation does not allow "re-follow" the employment contracts re-on. Let us give an excerpt and such an additional agreement on which you can understand the actions algorithm.

Often there is a need to move to another job, because organizations regularly occur, as in the life of any person. It also happens that the employee is translated and raised in office, but he can go to another branch. Changes occur on the advice of doctors or due to moving companies. The terms of the contract will be changed with the increase or decrease in the staff employee. Therefore, an additional agreement on translating to another position is drawn up.

What is considered "labor function"?

Permissions on the basis of a staffing schedule, profession or assigned tasks to the employee is an employment function. Each person performs a certain list of duties, fixed in the job instruction.

A specific type of labor assigned to the employee may be a separate function, as well as to be carried out in parallel with another specialty. In any case, the assigned duties must be performed qualitatively and in a timely manner. An additional agreement for transfer to another position is a mandatory document, which lies between the parties before the start of the duties.

Receiving another position

If an employee proceeds to a new one is the process of change set by the parties, the conditions of the employment agreement. For such changes, only the mutual consent of the leadership and employee is required.

By law, exceptions are allowed in the form of a transition for a while. The transition by agreement of the parties to another position should be drawn up documented.

Does written permission required?

An employed person receives a new position based on the following conditions:

For a while or permanent place at one boss.
Together with the boss to another place.
Transfer to another boss.

The translation implies a change in the employee's labor area or moving to another place where the same manual will work. If a person is translated based on the initiative of the employer, the employee must give written consent. If additional movements are not needed to translate, then permission is not required (Art. 72.1 of the Russian Federation).

The working man can translate at his request, for this you need to provide the head of the statement. Translation is carried out both based on its request and medical recommendations. If a transition to a permanent job is carried out, but to another boss, in last place the document will not act. An additional agreement for transfer to another position is drawn up only if the employee is given to this consent.

Translation with consent

This procedure is carried out as follows:

The boss prepares a report paper with the designated cause of translation and information about the employee.
The head of the division is given permission.
The employee notify in writing about the proposal to receive another position.
The employee provides written confirmation and constitutes the application to the head as a request for translation. The application must be compiled.

If the design is carried out only for a while, then this fact is not reflected in the employment record. On an ongoing basis, an additional agreement is created for the transfer of an employee to another position.

When not translated?

If the employee was not given a positive response, then it is allowed to translate it to another position only in special cases (Art. 74 TC):

To prevent an accident or eliminate the consequences of emergency.
To prevent simple and accidents, damage material values.
Instead of not a published employee.

It is impossible to translate an employee to another position without his written consent. If the employee did not provide permission, then the transition is performed only if there is a risk of idle or emergency. Because of the production need, a translation is no more translated than for 1 month (Article 74 of the Labor Code of the Russian Federation). The working tree should not replace the other more often than 1 time per year. You can not attract a person to work with low qualifications. It is important to establish an average earnings if a temporary position is paid below.

Amendments to the Treaty

With the transition of a person to another position, the information is adjusted in the employment contract. You can make changes by agreement of the parties (art. 72 TC). It turns out that the employer and employee should know which information is made to the employment agreement. Then the relationship between the parties will be officially registered.

Drawing up agreement

An additional agreement for transfer to another position is drawn up if information changes in the contract. This document will be a continuation. For this reason, the paper is drawn up in 2 copies: for employee and boss.

A sample of an additional transfer agreement to another position will help to properly compile it. The document must be the following information:

Title and document number. For example, paper may be called "about changes due to the translation of the employee."
About the parties to the agreement.
In the main part of the document there is a list that needs to be removed or corrected.
You should put a mark that the rest of the provisions will not change.
Date.
Details and signatures.

There may be different formulations in the grounds. A sample transfer agreement to another position is generally accepted, it is used in all organizations. In the event of controversial situations, it is necessary to rely on this document. Therefore, an agreement on transfer to another position should be every employee who has moved for any reason for other work.

Working conditions

If the boss wants to transfer a person to a position with less income, then the written consent of the latter is required. Perform such a translation to another job, where less salary will be possible in some cases:

Based on medical testimony.
According to the results of certification.
If the certification was not handed over, then instead of dismissal, it is proposed to go from the most responsible position.

The order indicates the following information:

FULL NAME. Employee.
Position after transition
Translation date, income and working conditions.
Foundation of translation.

The order is made according to the type T-2 or individually, which is used in the institution. The document must contain the signatures of the chief and employee. When an agreement on permanent translation to another position was drawn up, and an order was published, a person can start work.

Changes in employment records

These documents are issued by responsible persons. This work can be performed:

Specialist finishing frames.
Supervisor.
Chief accountant.

All records confirm the personnel worker. After changing the post, the following actions are performed:

Agreement on the transfer of an employee to another position is signed.
The labor book is set by the appropriate mark.
The order is published that the employee received a new position.

Before the workbook will be made data, the owner of the document will be introduced with information, which must confirm everything. It indicates:

Record number.
Date of change.
Translation information.
Data on the details of the order.

Creating an agreement on the transfer of an employee to another position and filling out an employment record is considered a mandatory point. If all these rules are executed by the manager, then all the documentation will be in order. And then, when checking the controlling authorities, no questions will arise.

Temporary position

There are often cases when you need to replace the employee who is temporarily absent. This is usually due to vacation period, with temporary disability, during maternity leave. Types of substitution are indicated in the Labor Code of the Russian Federation:

Translate to another position
Combination.
Registration of an urgent employment contract.

Translation for temporary work is carried out due to necessity and due to situations that are not related to it. This procedure is carried out:

Based on the agreement of the parties.
Execution by the employer unilaterally.

Temporary employees are transferred for 1 year and for the period of absence of the main employee. Over time, work can be permanent. At the end of the temporary translation, the head is obliged to notify the end of the activities due to the return of the main employee. The notification must be written in writing in 2 copies.

Refusal to translate

The employee has the right to refuse, even ate there is grounds for translation. Sometimes situations happen when the employer himself cannot find the right place for humans, corresponding to new working conditions:

Failure may be associated with medical factors. Then the institution comes like this: if the translation is required up to 4 months, the employee for this period is removed from its work without salary, but with the preservation of the workplace. If the transition is scheduled for a period of over 4 months or for a permanent basis, then with the refusal of the employment contract ceases to act with it (Article 73, 77 of the Labor Code of the Russian Federation).
During the reduction of the company's state, the employer must offer a person another position. If this is not possible or if an employee refuses, the dismissal comes, what is the alert for 2 months.
A specialist may lose the ability to fulfill its work due to imprisonment of special law (for example, a driver's license, license). This person is usually transferred to another position. If the deprivation of special law occurs for a period of 2 months, then it is removed from the post without salary. When improving the searction, more than 2 months or complete deprivation occurs, if a person does not want to go to a new job.
A special situation of transition to another position is the change in the working conditions of pregnant workers. This translation is temporary. The employer can offer an existing vacancy, but an employee may refuse. If there is no appropriate position, it takes off with maintaining income and work.
Possible translation to another locality together with the enterprise. In this case, with the refusal of the employee from this proposal, the employment contract terminates and the day off is provided.

Thus, the transfer procedure by agreement of the parties to another position has many subtleties. In any organization should take into account the norms of the law in order not to violate the rights of employees.