Annex to the contract - what can be changed with it?


An annex to the contract can be quickly changed with the terms of the employment contract. Although the actual application of the agreement of the parties, commonly referred to as an annex to the contract, repeals the employee's current terms of employment, not all terms and conditions of the contract may be effectively changed in this way.

The amending agreement is referred to as the annex

The agreement of the parties is a procedure that results in the termination or change of the terms of the employment contract. It can be used if both parties to the employment relationship agree to it. If the employee does not agree to the proposed changes, the agreement cannot be concluded.

The agreement may concern any type of employment contract and any contractual provisions, and for its effectiveness it should contain an indication of which conditions are changing. An open-ended contract can be converted into a fixed-term contract by agreement with the employee. It is unacceptable to submit a notice changing the type of contract

The amending agreement does not require union consultation and compliance with the provisions protecting the employee against dismissal. However, it should be concluded in writing in order to avoid possible disputes. However, failure to keep the written form will not invalidate the change. For if the parties have agreed on the change, it is considered to have been made.

The mere fact that the employer proposes the employee to change the conditions to more favorable ones, e.g. signs an annex to the contract with a higher salary, does not mean that the employee does not have to agree to them. There is no presumption of the employee's consent just because the new conditions would be more favorable to the employee.

There is also discretion in determining the date of termination of employment or the entry into force of the amendment to the terms of the contract. There are no notice periods. The annex may change the employment contract at any time, i.e. also during the employee's vacation or sick leave or other justified absence from work, and to every employee, even those who are particularly protected, e.g. in the pre-retirement age or pregnant women.

The amending agreement should specify the exact date of commencement of the new terms and conditions of the contract. If the date is missing, the content of the contract is changed on the date of the amending agreement.

There is no appeal against the agreement of the parties. You can evade its effects only because of the flaws in the declaration of will.

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Annex to the contract - what will the employer not change with such an annex?

The amending agreement may change the type of contract, pay or working conditions, or both the type and conditions, both to the benefit and disadvantage of the employee, if the parties do not object.

The amending agreement may not lead to the deterioration of the subordinate's situation as compared to the minimum guaranteed by the provisions of the labor law. The provisions of the employment contracts introduced by the annex may not be less favorable for the employee than the provisions of the labor law.

It is also not possible to impose additional obligations or sanctions on an employee, which are not provided for by general labor law provisions, for example, shorten the notice period below the statutory minimum or not exclude the right to remuneration for overtime work. Such contractual clauses are invalid by operation of law and it is not affected by the fact that they were introduced on the basis of an agreement to which both parties have agreed.

Therefore, it is not possible to repeal mandatory provisions of a statutory rank by means of an annex to the contract.

Often, employers want to extend the second fixed-term contract with an annex in order not to conclude a contract for an indefinite period - in accordance with applicable regulations, a fixed-term contract may last a maximum of 33 months, and the fourth fixed-term contract concluded between the same parties becomes by operation of law contract for an indefinite period. Signing an annex extending the duration of a fixed-term contract is treated as entering into a new fixed-term contract, and not an extension of the previous one.