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Will the new changes in the online employment contract be signed as an additional document?
Will the new changes in the online employment contract be signed as an additional document?
Until the recent changes, when modifications were made to an employment contract, a modification document was prepared and signed by the employee. Since May 12, 2023, under the implemented EMAS subsystem, changes to the employment contract are made by drafting a new employment contract. However, employers only ensured that this electronic employment contract was signed by the employee in certain cases. As a result of the recent changes, a fourth sentence was added to Article 46, Part 6 of the Labor Code: “When changes are made to employment contracts in electronic form, the original employment contract must be redrafted and approved.”
As indicated by the added sentence, when making changes to an employment contract between the employer and employee, a new employment contract must now be drafted based on the original contract, rather than adding an amendment to the existing contract.
Example: An employee changes their work schedule on January 10, 2024, with the employer with whom they have a contract. According to the employment contract between the employer and employee, starting from September 1, 2024, the employee will transition from a five-day work week to a six-day work week. In this case, instead of an amendment to the employment contract, a new electronic employment contract will be signed based on the employment contract from January 10, 2024. For the next change, based on an agreement between the employer and employee, the employee's salary will be increased starting October 1, 2024. Since a new electronic employment contract will be prepared again, it will take into account the conditions from both January 10 and September 1, 2024, and a new electronic employment contract will be signed.
Until the recent changes, when modifications were made to an employment contract, a modification document was prepared and signed by the employee. Since May 12, 2023, under the implemented EMAS subsystem, changes to the employment contract are made by drafting a new employment contract. However, employers only ensured that this electronic employment contract was signed by the employee in certain cases. As a result of the recent changes, a fourth sentence was added to Article 46, Part 6 of the Labor Code: “When changes are made to employment contracts in electronic form, the original employment contract must be redrafted and approved.”
As indicated by the added sentence, when making changes to an employment contract between the employer and employee, a new employment contract must now be drafted based on the original contract, rather than adding an amendment to the existing contract.
Example: An employee changes their work schedule on January 10, 2024, with the employer with whom they have a contract. According to the employment contract between the employer and employee, starting from September 1, 2024, the employee will transition from a five-day work week to a six-day work week. In this case, instead of an amendment to the employment contract, a new electronic employment contract will be signed based on the employment contract from January 10, 2024. For the next change, based on an agreement between the employer and employee, the employee's salary will be increased starting October 1, 2024. Since a new electronic employment contract will be prepared again, it will take into account the conditions from both January 10 and September 1, 2024, and a new electronic employment contract will be signed.