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Will changes to the labor contract concluded in electronic form be signed as a separate document?
Will changes to the labor contract concluded in electronic form be signed as a separate document?
Until the recent changes, when the labor contract was amended, an additional document to the labor contract was prepared and signed by the employee. It is true that, although changes to the labor contract in the EMAS subsystem implemented on May 12, 2023 were made by drawing up a new labor contract, employers ensured that the employee signed the electronic labor contract only in some cases. As a result of the last change, the following fourth sentence was added to Part 6 of Article 46 of the Labor Code: "In case of changes in the labor contracts concluded in the form of an electronic document, the original labor contract is redrafted and approved."
As can be seen from the added sentence, in the event of a change in the employment contract concluded between the employer and the employee, a new employment contract must be drawn up on top of the original employment contract, not as an addition to the existing employment contract.
Example. On January 10, 2024, the employee changes the work regime of the employee with whom he signed an employment contract. According to the labor contract concluded between the employer and the employee, the employee will be transferred from the five-day working regime to the six-day working regime from September 1, 2024. At this time, the employee and the employer will sign an employment contract concluded on January 10, 2024 in the form of a new electronic document, rather than an addition to the employment contract. According to the agreement between the employer and the employee, the salary of the employee will be increased from October 1, 2024. At this time, since an electronic employment contract is prepared again, the employment contract in the form of a new electronic document will enter into legal force, taking into account the conditions of both January 10 and September 1, 2024.
When the employer makes changes to the labor contract in the EMAS subsystem, the conclusion of the labor contract must be executed in the form of an electronic document.
Example. The employer made a change regarding the employee's salary in the labor contract dated July 10, 2024. Since there have been no changes in the contract since August 12, 2024, when the latest amendments to the Labor Code came into force, the information about the employee is not placed in the "Online contract" but in the "Labor contract notice" section in the EMAS subsystem. When the employer changes the labor contract, the new labor contract is sent in electronic form is closed by compiling.
Until the recent changes, when the labor contract was amended, an additional document to the labor contract was prepared and signed by the employee. It is true that, although changes to the labor contract in the EMAS subsystem implemented on May 12, 2023 were made by drawing up a new labor contract, employers ensured that the employee signed the electronic labor contract only in some cases. As a result of the last change, the following fourth sentence was added to Part 6 of Article 46 of the Labor Code: "In case of changes in the labor contracts concluded in the form of an electronic document, the original labor contract is redrafted and approved."
As can be seen from the added sentence, in the event of a change in the employment contract concluded between the employer and the employee, a new employment contract must be drawn up on top of the original employment contract, not as an addition to the existing employment contract.
Example. On January 10, 2024, the employee changes the work regime of the employee with whom he signed an employment contract. According to the labor contract concluded between the employer and the employee, the employee will be transferred from the five-day working regime to the six-day working regime from September 1, 2024. At this time, the employee and the employer will sign an employment contract concluded on January 10, 2024 in the form of a new electronic document, rather than an addition to the employment contract. According to the agreement between the employer and the employee, the salary of the employee will be increased from October 1, 2024. At this time, since an electronic employment contract is prepared again, the employment contract in the form of a new electronic document will enter into legal force, taking into account the conditions of both January 10 and September 1, 2024.
When the employer makes changes to the labor contract in the EMAS subsystem, the conclusion of the labor contract must be executed in the form of an electronic document.
Example. The employer made a change regarding the employee's salary in the labor contract dated July 10, 2024. Since there have been no changes in the contract since August 12, 2024, when the latest amendments to the Labor Code came into force, the information about the employee is not placed in the "Online contract" but in the "Labor contract notice" section in the EMAS subsystem. When the employer changes the labor contract, the new labor contract is sent in electronic form is closed by compiling.