In the course of work, it may be necessary to make changes in the employment contract.
Such changes may concern different terms of the contract and may be caused by different reasons.
On the procedure for amending theThe opinions of the experts divided. Some believe that such changes in the employment contract as the full name of the employee or the address of the employer should be made by analogy with changes in the workbook, that is directly in the original text of the contract. Other specialists believe that it is necessary to conclude an additional agreement to the employment contract indicating changes. At the same time, as practice shows, both options are completely permissible.
With regard to such changes in the terms of the contract as a transfer to another job at the request of the employee, their entry is allowed only by agreement of the parties.
The employee must have an appropriateThe statement with the indication of the reasons, character of changes and terms of their entering. If the employer agrees with the changes proposed by the employee, the parties sign an additional agreement to the employment contract. If necessary, the employer issues an appropriate order, writes entries in the work book and personal card of the employee.
It is important to note that there are cases when the employer has no right to refuse the employee to satisfy the request for changing the terms of the employment contract (Article 93 of the Labor Code of the Russian Federation).
In cases where the initiator of changes in theThe contract is the employer, he must issue the corresponding order. On the basis of such an order, the employee is sent a proposal to change the conditions previously stipulated in the employment contract. If the employee does not agree to the changes proposed by the employer, the terms of the employment contract remain the same.
Unilaterally change the employment contractThe employer can at change of organizational or technological working conditions (item 74 ТК the Russian Federation). The list of organizational and technological conditions of labor, fixed in the law, no. These include, for example, the introduction of various forms of labor organization, the change in the management structure, the regimes of work and leisure, the change in wage systems, the introduction of new production technologies, the improvement of jobs, and so on.
In cases of unilateral changes in the terms of the employment contract, the employer must comply with the prevention procedure provided for by the LC RF.
If the employee agrees to transfer to a vacantThe employer needs to conclude an additional agreement, issue an order for transfer, make entries in the work book and a personal card. Otherwise, the employment contract is terminated in accordance with Cl. 7, Part 1, Art. 77 of the LC RF. At dismissal on the given basis to the worker the severance pay at a rate of two-week earnings is paid.
Change of place of work is made out by the additional agreement. When the name of the position is changed, the amendments are also entered in the work record card and personal card of the employee.
Changing the term of the employment contract repeatedly,It should be remembered that it can turn into perpetual, if changes are made after the expiration of the contract and the total duration of the contract will exceed five years.