The mutual relationship between the employer and the employee is governed by the employment contract, which is concluded in accordance with the law. Of course, the factual situation on the basis of which the specific contract was concluded can change in the period from the establishment of the employment relationship until its termination, so it is necessary to adapt the contract to the resulting changes. For these purposes, an annex to the employment contract is concluded.

Therefore, the purpose of the annex is to legally regulate certain changes that occur in the relationship between the employer and the employee, that is, changes in working conditions.

The subject of the annex to the employment contract, which the employer can offer to the employee, in accordance with the provisions of the Law, can be:

• transfer to another suitable job, the performance of which requires the same type and level of professional education as determined by the employment contract, due to the needs of the work process and organization;
• transfer to another workplace with the same employer;
• referral to work for a suitable job at another employer whose performance requires the same type and level of professional education as determined by the employment contract;
• realization of the employee’s rights (measures for employment) in accordance with the adopted program for dealing with redundant employees at the employer, namely: transfer to other jobs, work for another employer, retraining or additional training, part-time work but not less than half of full-time work and other measures;
• changing the elements for determining the basic salary, work performance, salary compensation, increased salary and other income of the employee contained in the employment contract;
• in other cases established by law, general act and employment contract.

Together with the offer to conclude the annex to the employment contract, you must provide the employee with a written notice containing:
• Reasons for the proposed annex (reasons mentioned above)
• The deadline in which the employee should declare the annex (the deadline cannot be shorter than 8 working days, and it starts on the first working day after the submission of the offer)
• Legal consequences in case the employee refuses to conclude the annex (in case the employee refuses the annex to the contract you offered him, you have a valid reason to fire him!)

You submit the offer of the annex to the employment contract to the employee in written form. You must deliver the offer to the employee in person, at your company’s premises or at the address of the employee’s place of residence or stay. In the event that you cannot deliver the offer in this way, you should make a written note about it and then post the notice and the offer on the bulletin board. After a period of 8 days from the date of publication of the offer on the bulletin board, the offer is considered delivered.

The employee is not obliged to accept the offer to conclude the contract annex. If that happens, you have a legitimate right to terminate his employment contract.

The employee can dispute the legality of the annex if he signed it within the deadline. If, on the other hand, the employee refused the offer to conclude the annex to the contract within the set deadline and as a result was fired, he can challenge the legality of the annex in the proceedings regarding the termination of the employment before the court. This circumstance implies that the employee should prove in court proceedings that the circumstances due to which he did not agree to the annex to the employment contract are justified, that is, that the termination of the employment contract due to the refusal to sign the annex is unjustified.