Annex to the employment contract may be concluded under the conditions stipulated by the provisions of Articles 171 to 174 of the Labor Law.
An employer may offer to an employee a change of the stipulated work conditions respectively annex to the employment contract:
- in order to make transfer to another appropriate job, necessitated by the process and the organisation of work
- in order to make transfer to another place at the same employer, in conformity with Article 173 of the Labour Law.
According to the provisions of Article 173 of the Labour Law an employee may be transferred to another place of work:
- where activity of the employer is of such a nature that the work is performed in places outside employer’s registered office, and/or his organisational part
- if the distance from the employee’s place of work to the place he is going to be transferred to is less than 50 kilometers, and if regular transportation is organised that makes possible timely arrival to work and return from work, and if transportation cost refund is provided for in the amount of the price of public transportation passenger ticket.
An employee may be transferred to another place of work in the cases not prespecified only after his consent. - for the purpose of assigning to an appropriate job with another employer, in conformity with Article 174 of the Labour Law.
An employee may be temporarily assigned to work with another employer at an appropriate job position:
- if temporarily there is no more need for his work
- if business premises are given on lease or
- a contract is concluded of business cooperation – until the reasons exist for such assigning, and for a period not exceeding one year.
An employee, after giving his consent, in the cases specified in the Labour Law and in other cases as specified in the general act or the employment contract, may be temporarily assigned to work with another employer even for a period exceeding one year, until reasons for such assigning do exist.
An employee may be temporarily assigned to another place of work if the distance from the employee’s place of work to the place he is going to be transferred to is less than 50 kilometers, and if regular transportation is organised that makes possible timely arrival to work and return from work, and if transportation cost refund is provided for in the amount of the price of public transportation passenger ticket.
An employee shall conclude employment contract for a fixed period of time with the employer he has been assigned to.
After the expiry of the time limit stipulated for assigning to work with another employer, the employee shall be entitled to return to work with the employer who has assigned him.
- if he has made possible to a redundant employee to exercise the rights specified in Article 155, paragraph 1, item 5/ of the Labour Law
- to alter the elements for determination of basic earnings, work performance, compensation of earnings, increased earnings and other employee income that are contained in the employment contract in accordance with Article 33 paragraph 1 item 11) of this Labour Law
- in other cases as specified in the law, the general act or the employment contract.
An appropriate job in terms of items 1/ and 3/ of the previous paragraph shall be understood to mean the job whose performance requires the same kind and degree of professional qualification otherwise stipulated in the employment contract.
The process of concluding an annex of the employment contract
With an annex of the employment contract the employer shall deliver to the employee a written notice that includes:
- the reasons for offered annex of the employment contract
- the time period in which the employee should take stand which may not be shorter than eight working days
- the legal consequences which may arise by not signing the annex of the employment contract.
Should the employee sign the annex of the employment contract within the given time period, he reserves the right to challenge the legality of that annex before the competent court.
An employee who refuses the offer for annex of the employment contract within the given time period, reserves the right to challenge the legality of the annex of the contract in the judicial proceedings relating to termination of the employment contract pursuant to Article 179 paragraph 5 item 2) of the Labour Law.
It shall be considered that the employee refused the offer for annex of the employment contract if he does not sign the annex of the contract within the time period of eight working days from the date of delivery of the annex to the employment contract.
If it is necessary to perform a particular job without delay, the employee may be temporarily transferred to other appropriate activities under a written order, without the offer of an annex of the employment contract, for a maximum of 45 working days over a period of 12 months.
In the event of a transfer, the employee retains the basic earnings determined for the job from which he was transferred, if that is more favorable to the employee.
Annex to the employment contract can be signed at the initiative of the employee and in this case, the annex to the employment contract shall be concluded without the procedure for offering the annex to the employment contract.
Also, amendment of personal information on the employee and information on employer and other information which does not change the working conditions may be stipulated in the annex of the contract, on the basis of appropriate documentation, without following the procedure for offering the annex to the employment contract.
Employment contract with annexes which form an integral part of this contract may be replaced with the updated text of the employment contract, signed by the employer and the employee.
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