Additional agreement to the employment contract: samples. How to correctly draw up an additional agreement to an employment contract regarding the transfer of an employee to another position? Sample additional agreement on transfer to permanent employment

An additional agreement on transfer to another position is sometimes necessary in cases where significant changes are made to the employee’s employment contract. This document serves as written evidence of the agreements reached between the employer and employee.

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Internal movements of employees within a company are a common situation. An additional agreement must be drawn up whenever the position changes in any way, regardless of whether it is an increase or a demotion. Even if changes are made only to the job title, an additional agreement is a prerequisite for making changes.

Terms

Article 72 of the Labor Code directly states that the employer has the right to change the position of any of the organization’s employees at its discretion. The main thing is to obtain the employee’s consent in writing at least 2 months in advance.

Such written evidence may be a statement from the employee himself, his consent, or simply a signature in a document that clearly states his consent (such a document may be a separate order of appointment).

In the notice of changes to the employment contract, the employer must also indicate the reasons why the position or other terms of the previously signed employment contract should change. The wording of these changes implies a free form of presentation, but may look like this:

• Changes are made in connection with the optimization of the organization's structure.
• Changes are made due to reductions in departments or services of the organization.
• The transfer is carried out due to the creation of new structural divisions of the company.

If a unit is opened in another city and an employee is transferred there, then his consent is required.

However, if the position is changed temporarily, for no longer than 30 days, then the employer does not need to obtain the employee’s consent 60 days before the event (in accordance with paragraph 2 of Article 72 of the Labor Code).

Exceptions to the rules

If we are talking about an individual as an employer (IP), then he has the right to notify his employee 2 weeks before changing his position (as before dismissal). This is stated in Article 306 of the Labor Code. And if the employer is a religious organization, then he has the right, according to Article 344 of the same Code, to obtain written consent from his employee 7 days before changing positions. It will be completely legal.

If only the location changes

The employer has the right not to notify the employee about the transfer if he remains in the same status (the job title does not change) and remains to perform his official duties in the same locality, but in a different building. That is, moving an office is not the case to warn employees in advance. This is stated in paragraph 1 of Article 72 of the Labor Code.

In case of health problems

If an employee cannot perform his duties due to deteriorating health, the manager is obliged to offer him another job in his organization. And we are talking about any job. If for any reason an employee refuses the offered position, then the employer has the right to dismiss him under Article 77 (Part 1, Clause 8) of the Labor Code of the Russian Federation.

In case of non-compliance with standards

If the employer did not warn his employee about a change in his position 2 months in advance and the changes came into force, then the employee has the right to file a complaint with the labor protection committee. If the fact of violation of rights is proven, the employer will bear administrative responsibility for violation of labor laws in the form of a fine (or will get off with a warning).

• If an official is responsible for negligence or gross violation of labor legislation, then he will be required to pay from 1 to 5 thousand rubles. fine The same prices apply to individual entrepreneurs (employers who are not legal entities).
• If the employer is an LLC, OJSC or another form of legal entity, then in case of violation he will face a fine of 30 to 50 thousand rubles. for such a violation.

Of course, in most cases, third parties are not contacted; the employer and employee find a compromise solution.

Components of the additional agreement

The document consists of:

• The full name of the document with the number and date of the employment contract to which is attached. In the form and sample additional agreement available for downloading, this information is located at the top, in the middle of the sheet.
• Cities and dates of document signing.
• The name of the organization where the employee is moving.
• Full names of both acting parties. The head of the institution who is responsible for this appointment is indicated, as well as the details of the transferred employee.
• Listings of points to be changed in the employment contract. In particular, the part that concerns the job title and everything related to the transfer. These important points can be location, wages, hours of work, etc. In the paragraphs you need to write down all the text that changes, as well as what it changes to.

Particular attention should be paid to information regarding the date on which the agreement on transfer to another position is valid and when it ends.

The end date can be stated as “The duration of the employment contract until the agreed changes are made.”

Regarding the first date, we can only say that it should not be issued earlier than the document on the employee’s consent to the transfer (ideally, the consent or application for transfer should be signed two months earlier) and later than the actual transfer to another position.

Naturally, at the end of the additional agreement there should be the signatures of the parties (in the attached form, the employer is on the left, the employee is on the right) with transcripts and the seal of the organization.

What other documents need to be changed during translation?

If the other position is permanent (the employee will be in it for more than 1 month), then changes must also be made to the personal card in the T-2 form and to the work book of the transferred employee. Typically, these issues are dealt with by a human resources employee.

An additional transfer agreement is drawn up in all cases when the terms of the employment contract change.

In this situation, the rules that govern all contractual relations apply - the parties need to come to an agreement and put new provisions on paper.

The case of transfer of an employee within his own structural unit is no exception (i.e. we are not talking about a transfer to another employer or between organizations).

What items are included

The additional agreement must contain the following points:

How to compose

Surely, HR department employees already have something for all occasions. Therefore, the specialist will simply fill out prepared template with the relevant information and the job will be done.

However, the employment contract is not a universal document, drawn up strictly according to the model.

Perhaps the employee insisted on including some important clauses in his contract with the organization. Therefore, it is imperative reread the entire document entirely.

The employee himself can become involved in this process in order to prevent his interests from being infringed.

For example, the contract established a fixed work schedule from 9:00 a.m. to 6:00 p.m. and a lunch break from 1:00 p.m. to 2:00 p.m. The employee was transferred to another department for the same position, but work in this department is carried out in two shifts.

Therefore, it is necessary not only to change the clause of the contract regarding structural unit, but also the one where it is fixed daily routine.

Otherwise, confusion and conflict will inevitably arise between the head of the department and the new subordinate.

It should be remembered that the additional agreement is drawn up in duplicate. One will remain in the organization and will be filed with the personal file, the other will be transferred to the employee.

The additional agreement is handed over to the employee against signature. Usually on the employer’s copy the phrase “I received the copy in person” is written, along with a date and signature.

Often, drawing up and signing an additional agreement is simply formality. The employee already agrees with the employer’s intention to transfer him, the parties have agreed on all the conditions.

Nevertheless, the law obliges the parties to make appropriate changes into the current contract to resolve disagreements that may arise in the future.

When an employee is transferred to another position, the terms of the contract are changed and an additional agreement is concluded. Read about how to design it correctly, download a sample

From this article you will learn:

How to draw up an additional agreement to an employment contract on transferring an employee to another position

Let's define the terms. Transfer to another position is a change in the employee’s job function and job responsibilities that does not entail a change of employer. That is, the move can occur within the company, within one department or with a transfer to another, but within the same legal entity. Only in this case can we talk about formalizing the translation with an additional agreement. The case of a change of position when a legal entity changes, even if it belongs to a single holding structure, is formalized through dismissal and the execution of a new contract.

Regarding the time period, the transfer can be temporary or permanent. Changing a structural unit without requiring the execution of an additional agreement only if the name of the structural unit is specified in the main agreement.

The precursor to an additional agreement on transfer to another position may be the initiative of either the employer or the employee. Such an initiative can be expressed both in writing (statement, proposal) and orally. Upon reaching the terms of the transfer, an additional agreement is drawn up outlining the adjusted clauses of the contract.

If the employer did not approve the proposal to transfer the employee and the proposal was formalized in writing in the form of an application, the response must also be given in writing. It is formalized either by a resolution on the application or by a separate response letter.

An agreement on transfer to another position can be drawn up at any time during the contract period. After entry into force, it becomes an integral part of the agreement and is valid indefinitely or until the moment specified in the agreement.

How to apply for a transfer to a permanent job

Before you begin to draw up an agreement to an employment contract on transfer to another position, you must follow a number of procedures. Let's look at it step by step.

Step 1. Submitting a proposal for discussion.

If the initiative for changes comes entirely from the employee, then he submits an application addressed to the manager with a request for a transfer. It must indicate the reasons and grounds for the change of position, as well as the desired date.

When the initiator is the employer, it is possible, but not necessary, to issue a transfer offer. In practice, such proposals are often made orally.

Often the employee’s immediate supervisor requests a transfer. Then it is he who makes a proposal to the director about the transfer.

Before making a decision, the employer must assess the candidate’s formal suitability for the new position, check his level of education, qualifications and experience.

Step 2. Registration of reached agreements.

When a candidate is approved for a position, negotiations are held on future working conditions. Not only the position may be subject to change, but also:

• structural unit;
• office location;
• job responsibilities;
• salary amount;
• work and rest schedule.

All changing conditions are subject to description in the text of the document. Next, the agreement to the employment contract on transfer to another position is signed, and it comes into force from the moment of signing or from the specified date. The agreement is drawn up in 2 copies, one for each party.

Step 3. Making an order.

The transfer order is drawn up in form T-5 and signed by the manager and employee

Step 4. Making an entry about the transfer in the work book

Topic of the issue

Also read about when the court will not allow dismissal for absenteeism, how to detain an employee who wants to quit and how to return the money you spent on an apartment.

Second group- cases of changes in organizational and technological conditions in production (Article 74 of the Labor Code of the Russian Federation). This type of transfer is quite complicated to complete and requires notification to the employee no later than 2 months before the expected date. In case of refusal, the employer is obliged to offer other available vacancies, in accordance with the level of health and qualifications of the person. An employee who rejects all possible options is dismissed under clause 7 of Art. 77 Labor Code of the Russian Federation.

Labor laws allow amendments to be made to it after a work contract has been drawn up. The legislation does not set limits on the periodicity and frequency of such changes. The article describes the procedure and nuances of making amendments to an employment contract.

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In what cases is it required

There are many reasons for drawing up an additional agreement to an employment contract. The main reasons for making changes are:

• salary increase or decrease;
• concluding an open-ended contract in exchange for a fixed-term one;
• change of job title;
• the contract at the place of work has become the main one;
• transfer of an employee to another position;
• renaming a company or organization;
• transformation of employee personal data;
• changing the name of the company's internal department;
• temporary transfer of an employee to another position;
• compensation for harmful and hazardous working conditions;
• temporary replacement;
• reduction of probationary period;
• transfer of an employee to another place due to the relocation of the organization;
• introduction of a flexible work schedule for a specific period of time;
• issuance of wages in the form of company products, i.e. in kind (for example, an apartment for rent at the expense of the organization, the issuance of a computer, etc.);
• transfer of an employee to a separate structured unit;
• change in labor tax;
• transformation of working hours;
• combination of positions.

All these changes affecting the company and the employee force amendments to be made to the employment contract.

Document structure

The components of the additional agreement are practically the same in different cases. An example would be the structure of a form for transfer to another position, which contains:

1. Full name of the agreement and date of the employment contract.
2. Name of the locality and date of establishment of signatures in the document.
3. The name of the company where the change is being made.
4. List of clauses to be changed in the employment contract. In this case, this is everything that changes with a transfer to another position: place and work schedule, salary, etc.
5. Full name and signature of the transferred employee and the manager who is responsible for this document.

It is necessary to pay great attention to the day on which the agreement on transferring an employee to another position becomes relevant and on what date it expires.

It is worth saying about the first date that it cannot be earlier than the document on the employee’s consent to change the position. Also, the first date cannot be later than the actual transfer to another job position.

How to apply and its sample

Registration of additional The agreement does not establish any criteria. It can be written on any sheet of paper, with a pen or on a printer. The only thing that remains unchanged is that the signatures of the two collaborating parties must be real.

If a company uses its own stamps for all documents, then the additional agreement cannot be without a stamp.

The document must be in two identical copies, one of which is kept by the director of the organization, the other by the employee.

Sample additional agreement on transfer to another position:

Changes in working conditions

Working conditions must be specified in the employment contract. The employer cannot indicate the true assessment of jobs if he has not carried out such measurements.

Based on Article 57 of the Labor Code of the Russian Federation, it is impossible to write that working conditions are “good”. It is necessary to indicate each factor separately on a special scale. For example, the air temperature is 3.1, the intensity of the labor process is 3.3. The job evaluation application is presented below.

If it is determined that the working conditions belong to the “harmful” class, then the employer is fined, and the employee receives some privileges. For example, paid weekly leave, increased wages, etc.

A change in job evaluation can also be carried out due to the fact that the organization opens a new line of activity and the employee moves to a new position. The document must also be in 2 copies.

Entry in the work book

The work book contains all the information about permanent work, as does the employment contract. If an employee is assigned work in a different specialty, then such a change must be recorded in the work book. This is established by Article 66 of the Labor Code of Russia, paragraph 4, rule No. 225.

Important! If an employee temporarily transfers to work in another position, then this amendment is not entered into the work book.

Also, information on the probationary period and data on work of a civil law nature are not entered into this document. A sample entry in the work book about transfer to another position is presented below.

As can be seen from the sample, the date of transfer to another position and the time of acceptance of the order coincide.

Temporary transfer

Temporary displacement of an employee to another service is possible only within one company. In some cases, such a transfer for a certain period of time may be carried out without the consent of the employee.

This is done due to Emergency Regulations such as:

• industrial disaster, accident;
• accident (employee died);
• fire;
• earthquake;
• flood, etc.

In addition, appointment to another position can take place without the employee’s consent even if production is idle and if it is necessary to replace an absent employee.

Often, a transfer to another service is issued in the form of an order, i.e. without taking into account the wishes of the employee himself. But this should not be done, because even a short temporary transfer does not take place without changing the working conditions, work schedule and wages.

From the point of view of legislative rules, it is better to conclude an additional agreement to the employment contract.

Temporary transfer is possible for a maximum of 1 year. This shift is under no circumstances recorded in the work book, since only information about permanent work activity needs to be entered into it. Career growth in non-permanent work is no exception to this rule.

After the expiration of the temporary work period, the employee takes up his previous position.

Can an employee refuse?

Russian legislation establishes some restrictions on the transfer of an employee to another service. Transfer to another position is possible only with the written consent of the employee. Exceptions are described in parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation.

Cases when an employee does not have the right to refuse a transfer to another service:

• during an emergency that threatens the life of the population or part of it;
• during periods of downtime (temporary suspension of work due to an economic, technological, technical or organizational crisis);
• if a company transfers an employee to more modern equipment (For example, an animator to a new, more advanced computer).

But displacement to another position in the first 2 cases occurs for a period of up to 1 month. If this period of time has passed, then the employee must work at least 1 day in his previous position. The salary for a new job must not be lower than the average salary for the previous service.

Article 73 of the Labor Code of the Russian Federation is of particular importance. According to it, the employer is obliged to transfer the employee to another position due to his state of health and medical report. Such an action is possible only with the consent of the employee himself.

It happens that an employee needs a temporary transfer to another service for health reasons for up to 4 months and refuses this. In this case, the employer is obliged to send the employee on unpaid leave while maintaining his job for the time specified in the medical document. certificate

Another case is if, according to doctors’ testimony, an employee needs to be transferred to another service, and he does not agree, then the employment contract must be terminated.

In many cases, it is necessary to make amendments to the employment contract. The frequency and period of such changes are not limited. There are also no criteria for drawing up an additional agreement. The document can be printed or written with a pen on any size of paper.

In each additional agreement, you need to include the full name of the organization, any changes, personal information of the employee and manager responsible for this document, and their signatures.

If an employee is transferred to another position with his agreement, then it is necessary to make changes to the paper about all changes relating to the transfer. This is an increase or decrease in the work schedule, wages, and changes in working conditions.

In some cases, transferring an employee to another position does not require his agreement. Such nuances are described in Article 72 of the Labor Code of Russia. There are also some subtleties about the forced transfer of an employee to another service. They are indicated in Art. 73 Labor Code of the Russian Federation.

A selection of the most important documents upon request Additional agreement on transfer to another position(regulatory acts, forms, articles, expert consultations and much more).

Document forms

Articles, comments, answers to questions: Additional agreement on transfer to another position

From the analysis of Art. Art. 164, 178 of the Labor Code of the Russian Federation it follows that the previously established condition on the payment of severance pay was a compensatory measure in the event of the dismissal of an employee performing labor functions in accordance with her previous management position. The additional agreement on transfer to another position does not provide for such payment, therefore this condition does not remain in force.

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When the employee subsequently signs an instruction, the absence of a reference to the DI in the contract may lead to the need to record a change in the labor function in an additional agreement and order. For example, an employment contract specifies the responsibilities related to a specific position. The job description (in the form of a separate document), which the employee is asked to sign, defines responsibilities that are not in the employment contract and cover a wider field of activity for the position for which he is hired. In this case, there is a fact of a change in the terms of the employment contract determined by the parties. Such a change must be confirmed by an additional agreement of the parties and an order to transfer the employee to another position that provides for responsibilities different from those specified in the employment contract.