What documents can be appendices to the agreement. Information about the employer’s representative - the official who signed the employment contract, and his powers

Inclusion of missing information and conditions into the text of the contract. Drawing up an annex to the employment contract. Drawing up an additional agreement to the employment contract.

Make changes and additions to employment contract happens quite often - when changing the name of an employee or changing the name of an organization, when adjusting working conditions or making amendments to regulatory legal acts. Let's look at how to act in certain situations in which there is a need to revise the current employment contract with an employee.

Entering missing information into the text of the contract

Let us recall that the content of the employment contract, as well as the procedure for its execution, are determined by Article 57 of the Labor Code. The employment contract must contain information about the employer and employee. The agreement includes mandatory and additional conditions. Confirmation of receipt of the employment contract is executed by the employee’s signature on the employer’s copy (Article 67 of the Labor Code of the Russian Federation).

Let's consider a situation where, when concluding an employment contract, it did not include any of the mandatory information about the employee or employer:

last name, first name, patronymic of the employee and name of the employer;

information about the employee’s identity documents;

information about the employer’s representative – official who signed the employment contract and his powers;

employer's tax identification number;

place and date of conclusion of the employment contract.

In this case, the contract must be supplemented with the missing data. Part two of Article 57 of the Labor Code provides for the inclusion of missing information directly in the text of the employment contract. Information about the employee is placed in the final part of employment contracts, and information about the employer is included in both the header and final parts of the contract.

For example, if the employment contract was drawn up according to standard form, approved by resolution Ministry of Labor of Russia dated July 14, 1993 No. 135, then in header form it may look like this:

In the example given, there is no information about the document on the basis of which the general director acts; the place where the employment contract was concluded; the employee’s name and patronymic are presented in the form of initials. Since the Labor Code does not stipulate how missing information can be added directly to the text of an employment contract, it is therefore possible to add such information by hand:

In the same way, you can enter, for example, the employer’s TIN and the employee’s passport details.

Please note that the missing information must be entered not only into the copy kept by the employer, but also into the employee’s copy. After which the employee must put his signature confirming that he has read the entered data (sample below).

Another procedure for amending employment contracts is established if they do not contain the following: prerequisites:

about the place of work (this applies primarily to representative offices, branches and separate structural divisions);

about labor function;

about the start date of work;

terms of remuneration;

about working hours and rest periods;

about compensation for hard (harmful) work;

about the nature of the work (mobile, traveling, on the road, etc.);

about mandatory social insurance employee.

In these cases, for each employment contract either a application, containing missing conditions, or is issued separate agreement parties V writing.

We design the application

An annex to an employment contract can be drawn up if it is necessary to fix already existing conditions labor relations, for any reason not included in the employment contract when hiring. Therefore, if any of mandatory conditions were not included in it when concluding an employment contract, this is not a basis for recognizing the employment contract as not concluded. In this case, the missing conditions are supplemented by an annex to the employment contract, which are integral part employment contract. In this case, the conditions under which the employee continues to work are simply recorded.

When is an additional agreement necessary?

The document, which has become known as an additional agreement, is not contained in any official classification management documents, neither in the system unified documentation By personnel. That's why regulatory requirements are missing for its design. However, this document is very widely used in the practice of documenting labor relations.

It seems most rational to draw up an additional agreement by analogy with an employment contract - in writing, in two identical copies, each of which is signed by the parties. The beginning and end of the additional agreement almost verbatim repeat the employment contract, and the content will include new editions of the clauses of the previously concluded agreement or new clauses containing conditions agreements reached between the parties. The number of points is determined in each specific situation individually.

In accordance with Labor Code an additional agreement to the employment contract must also be drawn up in cases of change determined by the parties terms of the employment contract*. For example, by agreement of the parties, it is possible to transfer an employee to another job (Article 721 of the Labor Code of the Russian Federation), temporary transfer to another job with the same employer for a period of up to one year, temporary transfer to another job until the absent employee leaves (Article 722 of the Labor Code of the Russian Federation).

In addition to mandatory conditions, an employment contract may also contain additional conditions. They may be included in the employment contract at the discretion of the parties at any time after the conclusion of the employment contract. Such conditions include, for example, the employee’s obligation to work for a period of time after training at the expense of the organization or additional insurance employee by employer**. In conclusion, we provide a sample of an additional agreement, which is drawn up when an employee is appointed as a temporary worker. general director organizations.

* For samples of additional agreements to the employment contract, see No. 3, 2006, p. 41.

** More details about the classification of mandatory and additional conditions read in No. 10, 2006, p. 11.

When concluding an agreement for the sale of goods or the provision of services, there is often a need to indicate additional details of the transaction that are impossible or inconvenient (due to the large volume) to place in the text of the main document. It could be technical task, specification, deadlines for completing work, cost of goods, payment procedure, etc. In this case, an annex is drawn up on one or several sheets, which will become an integral part of the contract.

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Instructions

Start drawing up the introductory part of the document by indicating the name “Appendix”, not forgetting to indicate it next to it serial number, since there may be several such annexes to the agreement. A link to the contract itself is required, so write its number and date of preparation here.

Title the main part of the document based on its content. The title should briefly reflect the essence of the clarifications that will become important part agreement and will allow you to avoid discrepancies when interpreting the terms of the agreement. This may be a work schedule or their order indicating the priority, a protocol of comments, etc.

In the final part of the application, indicate the full details of the counterparties (name, form of ownership, legal and actual address, Bank details). These, along with a reference to the contract number and date, are important factors, confirming that the document belongs to the main contract.
Place your signatures here authorized persons each party, indicating their position, surname and initials. The application must be signed simultaneously with the conclusion of the contract. IN otherwise, if such a document is drawn up later, an additional agreement to the contract should be drawn up, and not an appendix.

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Publication date 02/09/2013 16:39

When concluding an agreement on the sale of products, provision of various services or performing certain works in practice, situations arise when additional details of a transaction, which contain a fairly large amount of information, are inconvenient to place in the main text of the document. In such cases, a attachment to agreement. It could be a task technical nature, specifications, schedules, deadlines for completion of work and delivery of materials, cost of supplied products, procedure for making payments, etc. Given attachment to agreement drawn up on several or one sheet, depending on the amount of information contained in it, and becomes part of the agreement, having the same legal force.

The introductory part of the document must contain its name. There should be a number next to the word “Appendix” if several additions to the agreement are drawn up. One of the mandatory conditions is the indication of the contract itself. Therefore, the introductory part must contain the date of its compilation and registration number.

The title of the main section should be based on the content of the document. The title should briefly reflect the essence of the clarifications, which are one of the most important parts of the agreement and specify the provisions contained in the agreement itself. In addition to the transaction, schedules can be drawn up that characterize the execution of work, as well as the order of their implementation. Attachment to agreement may contain a protocol of comments, etc.

The final part of the document should reflect the details of each party to the agreement. Here are the following:

• full name;
• type of ownership;
• actual and legal addresses;
• current accounts and names of banks that serve the counterparty.

All this data is necessary elements, which indicate that the addition belongs to the main agreement. Attachment to agreement recorded by the signatures of persons who have the right to enter into a transaction. Their positions are also indicated here, as well as their full names. The seals of the parties to the transaction are affixed. The application is signed simultaneously with the contract itself. If extended information for a transaction is specified a little later, it is drawn up in the form of an additional agreement.

The agreement and its annexes with legal point vision have the status single document. In practice, there are cases when the agreement contains references to additional information attached to it. In this case, the application serves as an integral part of the transaction.

Attachment to agreement deliveries are formalized if the agreement period is long. The contents of such a document are specified when signed by the parties additional information. A long-term transaction for the supply of products during the period of its execution may undergo a number of changes to the original agreement. The quantity and cost of goods decreases or increases, the order of their delivery to the buyer, as well as the assortment list, may change. Specific provisions for the sale of products are indicated in the specifications. If various contradictions are observed in applications, then it is necessary to use information that has more late date signing.

An employee employment agreement may also have various applications. They are compiled when certain information, due to its large volume, is not reflected in the main document. What will be additionally reflected in the agreement is decided by the organization independently. So, job description employee can be registered as annex to the employment contract. As additional information, the rental agreement may contain:

conditions for the use of the employee’s personal property in the interests of the organization;

obligations imposing a ban on disclosure of information, etc.