In business, working conditions can change frequently. When an employee first starts the job, the Employment Agreement details the duties and compensation. The responsibilities may change, and the employee could pick up more or fewer responsibilities.
This is also true of any action on the salary. All of the above and more can be tacked on the original Employment Agreement by way of an Employment Agreement Amendment.
An Employment Agreement Amendment is used widely in full-time and part-time professions. By its nature, you can have more than one amendment to an existing agreement. These Employment Agreement Amendments do not replace the original agreement but only amend it.
For example, an employer may decide to change an employee's vacation days every year. By right, that change has to be detailed in an Employment Agreement Amendment.
Depending on your state, an Employment Agreement Amendment may also be known as:
Most companies, recruiters, and perhaps even employees will run into a need for an Employment Agreement Amendment at some point.
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An Employment Agreement Amendment is not anything too complicated. The details do matter, and the terms of the agreement ought to be clear and straightforward.
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The Employment Agreement Amendment is only enforceable if both parties sign the document.
The signing process doesn't require a witness or a notary public's services.
After signing, both the employer and employee should receive a signed hard copy of the agreement. In most cases, the employer will add the deal to other HR-related documents.
Semantically, one is to amend and one is to add. An amendment is used when there’s a modification to an existing contract, such as when certain circumstances have changed and the contract needs to reflect that. On the other hand, an addendum is any added explanatory note in the contract. Both imply that the terms have been previously agreed upon by all parties involved.
Before you create an Employment Agreement Amendment, there’s usually some negotiation that takes place between the employer and the employee. Both are permitted to broach the subject at any time. However, if you’re negotiating in a group, like in a union, the whole group proceeds as one and that is called collective bargaining.
If there is an oral agreement about how the existing Employment Agreement should be amended, it should always be followed by the written document. Even though verbal agreements are also legally binding, they are notoriously difficult to prove. In this case, the burden would fall on the employee to prove any agreed-upon changes to an agreement.
While asking for legal advice is not necessary for singing an Employment Agreement Amendment, you're entitled to it. If the terms are clear and previously agreed upon, any attorney involvement may be extraneous. But if the amendment is complicated and you need someone to help you with it, procuring legal assistance can be beneficial.
The most important part of the Employment Agreement Amendment is that both parties agree to the terms before they sign the document. This is why reading and reviewing the agreement before signing is essential. Also, both parties should sign at the same time, if possible. Furthermore, drafting the agreement in a clear and concise language will only add to the document's validity.
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