You will need
- - staffing;
- - documents of the company;
- - job description;
- - the form of the additional agreement;
- - the form of the order;
- - the form of notification;
- - The labour code of the Russian Federation;
- - Federal law.
When making additions to the manual on position, which is vacant, changes are made by order of the Director. First head of the Department, which is subordinate to the position, prepared a new edition of the local act. New job description approved by visa approval on the document and also an order from the Director. Be sure to read with the amended act of the Union leader, if available in the firm. Consider the opinion of the elected trade unions, as workers ' rights should not be violated in terms of working conditions.
Make a order. In the subject write the amendments to the official manual, for example, an accountant. The reason for issuing the order, specify, for example, changing the labour function of the employee. In the informative part of the document fill in the details of the employee assigned responsibility for the execution of the order. As a rule, the chief of staff. Sign the order signed by the Director.
Before making additions to the user manual by post, which employs the employee, you must obtain the written consent of the expert. Write a notice addressed to the employee. In the document list the duties that is complemented by a local act. One copy of the notification officer signature, date, second – to remain with the specialist.
Now, make an additional agreement to the contract. Write a list of duties, which is complemented by the manual. Sign the agreement with the signature of the employee Director, the company's seal.
After the preparation of the new edition of the user become familiar with the specialist on receipt. Now issue an order on making amendments to the official manual. Assure local act stamped by the Director. The order shall be signed by the head of the organization. Familiarize the employee with the order.
Advice 2 : How to amend job descriptions
Official instructions governing employment function is an important document. It deals with the circle of his duties, responsibilities and qualification requirements for the position. This document is not static, it should be promptly to reflect the change of these, structural-organizational, operational and other requirements, supplementing and adjustment over time. Changes in it shall be made in accordance with the labor laws.
In that case, if a job description is an Annex to the employment contract, its change will cause an automatic change in the terms and conditions. It must occur in accordance with article 72 of the labor Code. This means that all changes should be made only by agreement of the parties and to be issued as a separate document entered into between the employer and employee in writing. If the job description was approved as a separate document, the contract change is not necessary. In this case, a separate order approves the new job description.
Changes to existing job descriptions must be carried out subject to certain terms of the employment contract. Labor function, which is determined by job description, is a mandatory condition of the employment contract. Making adjustments in job descriptions is equivalent to changing job functions and according to their legal essence, a transfer to other work for which, in accordance with part one of article 72.1 of the labor code requires written consent of the employee.
The need for changes in the job of the user occurs in case of changes of organizational and technological conditions that must be verified by an appropriate order listing the specific conditions and changes, and a link to supporting documents.
If the labour code does not provide for another, then the employee must be warned of impending changes in its duties not later than two months. The fact of receipt of the notice shall be certified by signature of the employee must indicate the date of review. After that, the employer makes changes in the text of the employment contract and job descriptions and other local normative acts.
The company should account for changes in the job description. For this to be a special magazine that captures the essence of the changes with reference to relevant paragraphs. Previous job description shall be kept in archive for at least three years, after it was changed.
Advice 3 : How to make an Addendum to the contract
It often happens that after the conclusion of the contract reveals that not all the information included in the text, or it is wrongly specified, incorrect data in the contract. In such cases, a supplementary agreement, which shall include clarification on the text of the Treaty or added new data.
You will need
- - an agreement modifying the contract.
Addition to the contract must be agreed by the parties, unless otherwise provided by law. It's made in the same form, i.e. if the contract was notarized, the agreement also shall be notarized; if the contract is subject to state registration - the agreement also will need to register.
Addition complete on a separate sheet, specify the name of the "Agreement on amendments and additions to the contract." Also specify the place of detention, the name and contact information of the parties. In the body of the agreement describe the changes. For example: paragraph 1.2. change to read as follows; paragraph 3.2 shall be considered void, etc. Necessarily at the end of the agreement must be signed by the parties and press, as well as the date of conclusion of Supplement.
In the agreement to indicate that it is an integral part of the contract, valid from the date of its signing and may be modified or supplemented by agreement of the parties.
Amendment of the agreement at the request of only one side is possible only in a judicial order. But for this to be the grounds provided for by law. For example, a fundamental breach of contract by the counterpart (item 2 of article 450 of the civil code). In this case, is considered significant violation, which entails such damage to the parties to the agreement that it is largely deprived of what was entitled to expect.
The parties may agree and specify in the main text of the agreement that changes will occur by exchange of documents and eliminate the need for notarization.
Special attention should be paid to who signed the additional agreement to the contract. Guide your counterparty can change, so before signing, examine the founding documents of the parties which signed the additional agreement. If the agreement is signed by an unauthorized person, then its provisions will be void.