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What procedures should the employer follow when making changes to the electronic employment contract?
What procedures should the employer follow when making changes to the electronic employment contract?
In the Labor and Employment Subsystem (EMAS), two different approaches are applied by the employer when making changes to an employee's labor contract. The reason for the application of these different approaches is that the full transition to electronic labor contracts for current employees has not yet been completed. Currently, labor contract data for employees whose contracts are signed electronically or modified are stored in the "Online Labor Contract" section of the EMAS subsystem. The records for employees who have a paper labor contract and have not made changes to their electronic labor contract are kept in the "Labor Contract Notification" registry. This topic is explained by expert Anar Bayramov.
Thus, the sequence of actions when an employer makes changes to an employee's labor contract is as follows:
1. The employer should access the relevant section in the EMAS subsystem to make changes to the labor contract:
a) For employees with an electronic labor contract, the employer needs to go to "EMAS" - "Online Labor Contract" and select "Online Labor Contract Registry" - "Change in Online Labor Contract."
b) For employees with a paper labor contract and no changes made to their electronic labor contract, the employer must enter the "EMAS Contract Notification Registry" and select the "Change in Labor Contract Notification" section.
After the most recent amendments to the Labor Code, two options were created in the EMAS subsystem for labor contract notifications. However, as of August 21, 2024, this option has been removed.
2. The employer should select the person whose labor contract will be changed and use the "Change in Labor Contract Notification" section.
Whether in the "Change in Labor Contract Notification" or "Change in Online Labor Contract" sections, when the employer enters the "Change in Labor Contract Notification" subsection, the EMAS subsystem directs them to the process of signing the electronic labor contract.
3. After entering the online labor contract information in the EMAS subsystem, the changes to the labor contract are prepared in the form of an electronic labor contract.
It should be noted that, according to part 6 of Article 46 of the Labor Code, when changes are made to electronically signed labor contracts, the initial contract is re-drafted and approved again. As stated, changes to the labor contract between the employer and employee are signed as a new labor contract, not as an annex, as was previously the case.
Furthermore, along with the effective date of the change in the electronic labor contract, information about the number of changes made is also recorded.
After registering the electronic labor contract with changes, it is placed in the "Ongoing Online Labor Contracts" registry of the EMAS subsystem.
4. The process of signing changes to the labor contract by both the employee and employer is the same as the process for signing an electronic labor contract. It should be noted that the difference in changes to the labor contract compared to signing the contract is that in the "Type of Contract" section, "Modified" is written, not "Signed."
The employer sends the document to the other party for signing using the "Send for Approval" button. The employer can also leave a note in the window that opens during the approval process.
5. After the employer presses the "Send for Approval" button, the electronic document moves from the "Ongoing Online Labor Contracts" subsection to the "Online Labor Contract Sent for Approval to Citizen" subsection. At this point, the employer must wait for the other party to approve the document.
6. The employee must log in to the EMAS subsystem and go to "EMAS" - "Online Labor Contract" - "Online Labor Contract Registry" - "Online Labor Contracts Awaiting Approval."
If the employee wishes to refuse the changes in the labor contract, they must provide a reason. If the employee refuses the changes, the document will also be in the "Ongoing Online Labor Contracts" registry of the employer. The employer can review the employee's note, make corrections, and send it again or cancel it. If the employee does not sign the labor contract, the electronic document is considered to have been sent to the employer.
7. After the employee signs the changes to the labor contract, the registered electronic labor contract will be recorded in the "Ongoing Online Labor Contracts" registry of the EMAS subsystem. Once the employer signs the contract, the changes to the contract are considered legally effective.
After the changes take effect, the final document is placed in the "Active Labor Contracts" subsection. The employer can also download the notification form related to the labor contract changes from this section.
In the Labor and Employment Subsystem (EMAS), two different approaches are applied by the employer when making changes to an employee's labor contract. The reason for the application of these different approaches is that the full transition to electronic labor contracts for current employees has not yet been completed. Currently, labor contract data for employees whose contracts are signed electronically or modified are stored in the "Online Labor Contract" section of the EMAS subsystem. The records for employees who have a paper labor contract and have not made changes to their electronic labor contract are kept in the "Labor Contract Notification" registry. This topic is explained by expert Anar Bayramov.
Thus, the sequence of actions when an employer makes changes to an employee's labor contract is as follows:
1. The employer should access the relevant section in the EMAS subsystem to make changes to the labor contract:
a) For employees with an electronic labor contract, the employer needs to go to "EMAS" - "Online Labor Contract" and select "Online Labor Contract Registry" - "Change in Online Labor Contract."
b) For employees with a paper labor contract and no changes made to their electronic labor contract, the employer must enter the "EMAS Contract Notification Registry" and select the "Change in Labor Contract Notification" section.
After the most recent amendments to the Labor Code, two options were created in the EMAS subsystem for labor contract notifications. However, as of August 21, 2024, this option has been removed.
2. The employer should select the person whose labor contract will be changed and use the "Change in Labor Contract Notification" section.
Whether in the "Change in Labor Contract Notification" or "Change in Online Labor Contract" sections, when the employer enters the "Change in Labor Contract Notification" subsection, the EMAS subsystem directs them to the process of signing the electronic labor contract.
3. After entering the online labor contract information in the EMAS subsystem, the changes to the labor contract are prepared in the form of an electronic labor contract.
It should be noted that, according to part 6 of Article 46 of the Labor Code, when changes are made to electronically signed labor contracts, the initial contract is re-drafted and approved again. As stated, changes to the labor contract between the employer and employee are signed as a new labor contract, not as an annex, as was previously the case.
Furthermore, along with the effective date of the change in the electronic labor contract, information about the number of changes made is also recorded.
After registering the electronic labor contract with changes, it is placed in the "Ongoing Online Labor Contracts" registry of the EMAS subsystem.
4. The process of signing changes to the labor contract by both the employee and employer is the same as the process for signing an electronic labor contract. It should be noted that the difference in changes to the labor contract compared to signing the contract is that in the "Type of Contract" section, "Modified" is written, not "Signed."
The employer sends the document to the other party for signing using the "Send for Approval" button. The employer can also leave a note in the window that opens during the approval process.
5. After the employer presses the "Send for Approval" button, the electronic document moves from the "Ongoing Online Labor Contracts" subsection to the "Online Labor Contract Sent for Approval to Citizen" subsection. At this point, the employer must wait for the other party to approve the document.
6. The employee must log in to the EMAS subsystem and go to "EMAS" - "Online Labor Contract" - "Online Labor Contract Registry" - "Online Labor Contracts Awaiting Approval."
If the employee wishes to refuse the changes in the labor contract, they must provide a reason. If the employee refuses the changes, the document will also be in the "Ongoing Online Labor Contracts" registry of the employer. The employer can review the employee's note, make corrections, and send it again or cancel it. If the employee does not sign the labor contract, the electronic document is considered to have been sent to the employer.
7. After the employee signs the changes to the labor contract, the registered electronic labor contract will be recorded in the "Ongoing Online Labor Contracts" registry of the EMAS subsystem. Once the employer signs the contract, the changes to the contract are considered legally effective.
After the changes take effect, the final document is placed in the "Active Labor Contracts" subsection. The employer can also download the notification form related to the labor contract changes from this section.