How to make a change to an order. The name of the document that makes the changes. Rules for amending regulatory legal acts and rules for repealing regulatory legal acts
During economic activity Organizations often, over time, previously issued legal documents require adjustments and changes. This may be caused by a change in the organization's staffing table, the dismissal of certain responsible persons from the organization, the hiring of new employees, and so on. In order to formalize changes being made to regulatory documents, the manager must issue an order to amend the order that requires changes.
In the course of the organization’s activities, situations may arise that require adjustments to some points of the currently valid order, which was adopted earlier, and all available factors should be taken into account.
From a legal point of view, in some cases, the best solution may be to issue a new order, while the old document must be canceled, the basis for this will be an order to cancel the order.
In practice, amending the order may be a very viable option, as long as it does not contradict the law. So, if a new order is issued, then it is necessary to familiarize all affected persons in the organization with it, and if a previously issued order is changed, only those persons affected by it can be informed about the change.
Similar events that may entail the need to amend the order may include changes in the personal information of employees, changes in, changes in officials in the organization, the entry into force of certain legal acts, dismissal and hiring of new employees. For example, a previously appointed employee could quit, and as a result, a replacement person is appointed.
Changes in factors affecting the work of the organization and requiring adjustments can be reported to the manager by application, or by or. These documents can be provided by managers structural divisions, or responsible (stakeholders). The manager, based on the information presented, studies the essence of the matter and issues his order in order to make the necessary changes in the work of the company.
The newly published document must be endorsed by the head and registered in the journal (book) for registering orders. Persons covered by the document must be familiarized with signature - these can be either individual employees or the entire team as a whole. Some documents that do not allow for changes may require the issuance of new documents to replace the old ones.
The legislation does not determine how many changes can be made to the order, however, this issue should be approached rationally. For example, making changes to an order for amendments is quite absurd, and confusion may arise in this order of documents.
Therefore, all documents must be registered in the order register in chronological order with a brief indication of the changes being made, so that any manager or employee can know which of the documents is current at the moment.
Download a sample order to amend the order
How to draw up an order to amend an order
This document does not have a specially approved and developed form, so it should be drawn up on the organization’s letterhead containing its name, full address and details. The order must also contain information about the date of its execution and place; the document must be assigned a regular number, in accordance with the chronology of their registration in the order register.
The main feature of the document is that its title requires the names of the information and details of a previously issued order, which is subject to adjustment. The preamble should reflect the reason that caused the need to make changes, for example, “Due to a change in the name of the chief accountant” or “due to a change in the person in charge,” etc.
The administrative part reflects the new and old edition specific item that is subject to change. In some cases, you can make additions to the old version normative act, for example, if it is necessary to expand the range of responsibilities of a certain person or increase powers, etc. If necessary, a procedure is introduced that must be performed by certain officials after making these adjustments.
If any part of the document is declared invalid, then this is also reflected in the document by which adjustments are made, and a responsible person must be appointed to control and be responsible for the implementation of the introduced adjustments. Below is the basis that led to the issuance of such an order; it could be an official or memorandum, or a statement from a responsible employee. This document (or a photocopy thereof) may be attached as an appendix.
The order below is signed by the head of the company, while his personal data and position must be deciphered and indicated in the text. Next, employees must be familiarized with the new order against signature within the established time frame, and it is also necessary to decipher their full name, signature and indicate the date of signing the document.
If a change in a regulatory act is associated with the appearance of a new employee, then it makes sense to familiarize him with the original document, which should also be evidenced by his signature. This action is especially important if ignorance of the original document will violate the integrity of the picture. An indication of such familiarization may be highlighted in a separate paragraph of the new document.
Nuances
If the manager makes any adjustments (changes, additions, etc.) to a previously approved local regulatory act, then this document it is best to put a note that it is valid in new edition, indicating the details of the new document than recording the change.
When making a large number of additions and changes to the current regulations, it would be best to formalize them as an appendix to the order, and in the text itself indicate a list of adjustments with reference to the original document.
Since the January issue, we began publishing a series of articles devoted to the design and rules of working with orders, and received a clarifying question from a reader, which we found interesting.
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Where: delo@site
Subject: Free consultations for subscribers
In our organization we have an order for the issuance of accountable amounts. It contains all the details, including a list of positions that are eligible for issuance. And for this order there is a familiarization sheet, it contains the date, position, signature of everyone who has read the order.
Now a new position has appeared in the staffing table, and this person will also be allowed to receive accountable amounts. How to arrange this? More precisely:
- how to draw up an addition to the order - how to compose and number it?
- how to familiarize a new person - would it be correct to include him in the familiarization sheet of the initial order or is it better to ask the new accountant to sign the familiarization on an addendum to the order?
Is there a standard that regulates the number of additions to the order for the main activity?
The order establishing accountable persons, amounts and deadlines for reporting on them from 01/01/2012 is not a mandatory document for publication. Details are in the article “Accountable money: we receive, spend, report” magazine No. 4’ 2013
An order is a document that, like a mirror, reflects the current management situation. And in this world everything flows and changes. Therefore, facts, instructions, rules, requirements and procedures set out in the form of an order become outdated over time, and, naturally, there is a need to make appropriate changes or additions to it.
Changes are included in the order if any of the factual information contained in it changes. For example, an order was issued on the distribution of powers between the heads of the organization, but later there were personnel changes: one employee was fired and a new one was appointed in his place. In the case when the functionality of a dismissed employee needs to be transferred to a newly hired one, without changing the “main” essence of most of the text of the order, a new document is issued, with the help of which changes are made to the existing one.
The new document is issued in the form order with the next serial number, just in its title you should make a link to the name, registration number and the date of the amended order, and in the stating part of the text indicate the reason/reason for the changes being made; You can also repeat the stating part of the main order to which changes are made.
Example 1
Change to order
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If over time any new facts appear that were not taken into account at the time the order was issued, then the order is issued in addition to the previously published one. For example, an order approved the list of members of the Expert Commission, but a production need arose to include another member in its composition. In this case, a new order will be issued to make additions to the previously issued document.
It is drawn up in the same way as an order making changes (see Example 2).
Example 2
The title and text of the order that amends a previously issued order (placed in place of the fragment of the order from Example 1, highlighted in orange)
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How many changes and additions can be made to one order? This is not regulated at the state level. And it’s difficult to set any limits with the organization’s local documents: 2-3 or 10-20. There must be logic in any question.
If the order itself is no longer visible behind the mass of changes and additions, then it’s time to stop and think: maybe it’s better to issue a new document? In this case, a new order is issued, in which the last paragraph of the administrative part will necessarily be: “The order dated... No.... “O...” shall be considered invalid.”. This phrase indicates the details of only the initial order, to which changes/additions were previously made. This will be enough for it and all documents correcting it to become invalid.
When working with additions and changes to orders, the main difficulty is not their publication, but their accounting, which would then allow us to “find the ends”. Modern EDMS allow you to link documents together according to various parameters, for example, in the form of the following “links”:
- main document → changes to the main document;
- main document → additions to the main document.
And, of course, at the time of registration of documents it is necessary to indicate that the new document is a change or addition to a previously issued one. However, here too we encounter some pitfalls. Often in registration forms, without setting far-reaching goals, registrars in the “Summary” column indicate only:
If we are talking about changes / additions to orders approving the distribution of powers or granting the right to sign any document, then you can quietly go crazy from such a brief content, which is shown in the table above, and spend a lot of your precious time searching the required document. When registering such documents, it is advisable to add some kind of search “beacon” - see the text in brackets below:
This seems elementary, but how many times have I had to solve an “unsolvable problem”: Vasiliev I.V. got sick, and who signs the invoices instead? And you start flipping through mountains of papers or kilobytes of electronic pages. In any business, you need to look at things rationally and think about the consequences.
Now let's answer the last question: how to introduce new persons who appeared in a process originally regulated by a previously issued order?
First of all, the new participant in the process must be familiarized with the document in which he appears (i.e., an addition or change to the order). You can also familiarize yourself with it to those who are listed in the initial order as organizers of the process (for example, in a situation with accountable money, these could be chief accountant and cashier). See Example 1.
If the main document contains not only a list of persons, but also rules for organizing the process into which new member, then it makes sense to familiarize the newcomer with the main order.
During the course of business activities, an entity may change one or more factors surrounding it. For example, new legislation will come into force, persons responsible for certain operations will change, and employees will come and go. Because of this, there is a need to make changes to the regulations in force at the enterprise. To do this, an order is drawn up to amend the order.
Typically, orders that are issued at an enterprise determine the procedure of action necessary in the specified conditions, or establish certain facts. Moreover, such orders can be either simple, which determine the employer’s relationship with a specific employee, or complex, which determines the interaction of many employees with each other and with the enterprise.
The last type of orders include:
- An order to assign the duties of an employee on vacation to other employees;
- Order to conduct an inventory;
- Order on document flow between departments;
- Order to send employees for a medical examination
- and others.
Moreover, due to changed surrounding circumstances, such an order may partially lose its significance or legal force.
However general essence document remains unchanged. In this case, an order for changes in another order is issued. In the case when, due to changes, the validity of the document is lost entirely, it is best to issue an order to cancel the order.
Important! The law establishes that it is prohibited to enter any changes or make corrections into the text of an already valid document. To make any changes to it, even the most insignificant ones at first glance, you need to issue an appropriate order.
The implementation of one of the following is considered as an amendment to the administrative document. next steps:
- Replacement of words, sentences in any part of the order or appendices to it;
- Exclusion of words or sentences from any part of the order or appendices thereto;
- Exclusion or definition as invalid of any part of the document;
- Addition of any part of the order with words or sentences, introduction of new parts into the document;
- Presentation of the parts available in the order in the new edition.
What orders can be changed
The law does not contain direct prohibitions on changing any orders. Thus, any administrative documents in which there are inaccuracies, or due to changes in surrounding circumstances, any part has become irrelevant, must be subject to changes.
These may be the following groups of orders:
- Regarding the working conditions of workers;
- Regarding local acts issued at the enterprise;
- On the appointment of responsible persons for any actions;
- Regulatory relations between employees and employers;
- Due to personnel changes.
Changes can also be made to any part of the order itself - the basis of the document, the main administrative part and the conclusion can be edited.
What are the grounds for making changes?
In the event of a change in external or internal factors in the work of a business entity, as a result of which any part of the current order no longer corresponds to reality, the responsible person must draw up an official or memo addressed to his immediate superior or directly to the head of the company.
It must indicate the factor that had its impact, as well as the recommended action. For example, in connection with the dismissal of an employee or going on vacation (based on a vacation order), the responsibilities assigned to him must be transferred to another employee. Sometimes changes to an order are requested due to an error in the original document.
Attention! If changes are requested due to some events in the employee’s life (for example, the last name was changed due to marriage), then a copy of the supporting document must also be attached.
Further, when issuing an order to make changes, its text indicates the reason-justification that prompted its release (for example, in connection with a change of name by an employee), as well as the basis - details of the legislative act, memorandum, data on another document, etc. .
How to make changes to an order
Registration of changes to the current order occurs in several stages.
First, the responsible person draws up an official or memo stating that, due to changes in some factor, part of the current order has become untrue. The manager reviews the document received by him and makes a decision - to formalize changes to the current order, or, under certain conditions, to cancel it altogether and issue a new order.
In the first case, he instructs the responsible person to prepare the document. It must contain the basis for making changes, as well as a list of necessary amendments, indicating the place in the old order to be corrected, the old and new wording of the text.
The executed order, like any other order, is signed by the head of the company. Next, the document must be registered in a special order book. The date and number of the order are entered there, it summary.
Important! If the new order mentions any employees, then they must be provided with a document for review and signature. It must be stored in the archive together with the order to which the new order makes changes.
If changes are made in connection with a change of employee, then he must be given both the text of the original order and the new order for review. In this case, an indication of this action can be placed in a separate paragraph of the new document.
How often can you apply
The law does not indicate how many times or how often the orders in force at an enterprise can be changed. Based on this, if necessary, it can be done every week or even every day.
However, it is necessary to understand that frequent changes to the same document are impractical. The responsible employee must constantly spend his time preparing a new version of the order.
If any responsible persons are mentioned in it, then you will need to go around them each time, or invite them to the personnel department so that they familiarize themselves with the new version and sign.
Attention! If it is expected that the number of changes made to an existing order will be significant, it would be most advisable to immediately cancel the existing order and issue a new version that takes into account all the innovations.
Sample order to amend an order
How to correctly draw up an order to amend an order
For this kind of orders, the law does not establish any mandatory form or unified form. As a rule, it is issued using the organization’s letterhead. If the order is drawn up in free form, then at the top of it you need to put the full name of the company, its registration codes (TIN, KPP, etc.), and location address.
Also, the date and place of compilation must be indicated on the new line.
Then a brief summary of the order is written on a new line. This line must necessarily include the number, date and name of the order to which changes are made.
The next step is the introductory part of the order. It should include information about why changes have to be made to an existing document.
Then the word “I order” is written down, after which the actions that need to be performed are listed in bullet points:
- Clauses of the old order that are declared invalid, or a new presentation of their wording;
- Data that must be entered into a previously prepared document to expand the scope of its activities;
- Actions that must be taken by responsible persons after registration of all the listed changes;
- The list of employees who are affected by the changes, or who will be responsible for their implementation.
Attention! Next you need to list the documents that serve as the basis for issuing this order. These include memos, owner’s decisions, copies of marriage certificates, etc.
The order is endorsed by the head of the company. Next, you need to list all those workers who are mentioned in the order. They must read it and put their signature next to their name.
Cross-outs and corrections in orders are unacceptable; in 2019, changes to orders are made differently. Read about how to properly complete changes and additions, download sample documents
Read our article:
How to make changes to an order
There are often cases at enterprises when there is a need to make changes to a previously issued order. Circumstances vary - working conditions and legislation change, workers come and go, mistakes come to light. In this regard, documents become irrelevant or, at a minimum, inaccurate.
Cross-outs and corrections in the old version of the order are unacceptable; in 2018, changes to the order are made differently. The manager decides that revision is necessary and issues a new order, which describes which points from the old are subject to adjustment. The drawing up of an order can be entrusted to a responsible person - a secretary, a personnel officer, a lawyer, but only the director can endorse it.
Corrections to a valid order can be made an unlimited number of times. But if all its points or most of them are hopelessly outdated, it would be wiser to cancel it and issue a new one, if necessary. If there is a need to edit an order that corrects the original order, this will also be a reason for cancellation, otherwise the document flow at the enterprise will be significantly hampered.
Step 6. Specify the date from which the above amendments come into force.
Step 7. If necessary, appoint persons responsible for executing the order.
Step 8. Endorsement with the personal signature of the head of the organization. Also if required. Certify with the seal of the institution.
Step 9. In the order registration book, in the “note” column, make a note opposite the old order - that the new order (indicate details) has made changes to it, and opposite the new one - that it changes some points of the old one. It is extremely important to remember to do this to avoid confusion and to make it easier to find the information you need in the future.
Step 10. Upon signature, familiarize all employees affected by it with the newly issued order.
How to correctly fill out an addition to an order
If the current order does not require corrections, but only needs to be supplemented with some information, an order is issued to make additions to the order.
Direct edits to a signed document are not allowed. The new paper will be called “On making additions to the order dated... No...”, and its structure will be similar to the corrective order. Most often, additions are required if some part of the information was inadvertently omitted or the list of mentioned persons was supplemented over time.
Let us remind you that if many additions to the order were issued during the year, then it would be advisable to completely cancel it and draw up a new document - corrected and supplemented - at the beginning of the next year.
The cancellation procedure is being completed in a similar way- issuing a new order, in which the last paragraph of the administrative part reads: “The order dated... No. ... “O...” is considered invalid.” After this, not only the canceled order itself loses force, but also all subsequent ones that corrected or supplemented it.
The regulatory document reflecting the structure of the organization, its staffing and number, in accordance with its charter, is the staffing table. Changes in the staffing table can only be made on the basis of an order to amend the staffing table.
Order to amend the staffing table
The decision to make changes to the staffing table is made by the employer (the head of the organization or individual entrepreneur). This decision must be secured. Unified form The said order is not provided for by law. Consequently, the employer has the right to develop it independently. The signing of an order to change the staffing table is carried out by the head or other authorized person of the organization.
Changes may concern the following provisions of the staffing table:
- exclusion of a vacant position or several positions, divisions in connection with any organizational changes in the work of the employer;
- introduction of new positions if a decision is made to expand production or increase the volume of services provided or work performed;
- reduction of employer staff;
- changes in employee salaries;
- renaming departments and positions.
The employer may also decide on other grounds for changing the staffing table.
Please note that the employer has the obligation to provide monthly information about the availability of vacant positions (clause 3 of Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1). Such information is provided to the employment service authorities.
The table below contains information about possible reasons for making changes, as well as the main stages that an employer must go through when deciding to make changes to the staffing table.
| Reasons for making changes to the staffing table | Procedure (procedure) for making changes to the staffing table | The obligation to familiarize employees of an organization or individual entrepreneur with changes made to the staffing table |
| 1. Supplementing the staffing table by introducing new positions and structural units | Creation of an order (draft order) on the introduction of new staff units, which contains the following information:
| not provided |
| 2. Elimination of vacant positions | Creation of an order (draft order) on the exclusion of staff units, which contains the following information:
| not provided, since these positions are not occupied |
| 3. Staff reduction |
| Written notification to employees at least 2 months before the date of entry into force of the new staffing table/changes made to it (Part 2 of Article 180 of the Labor Code of the Russian Federation) and offer of vacant positions to dismissed employees (Part 3 of Article 81, Article 82, and 180 Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation)). It follows from the above rule that the changes made cannot come into force earlier than 2 months from the date of notification. |
| 4. Changes in employee salaries | A change in the salary amounts prescribed in the staffing table leads to a change in the terms of employment contracts in terms of establishing the amount of remuneration (paragraph 5, part 2, article 57 of the Labor Code of the Russian Federation and paragraph 3 of section "Staffing table" of the Instructions for the use and completion of primary accounting forms documentation for labor accounting and payment, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1). And such a change at the initiative of the employer is possible only if there has been a change in any organizational or technological working conditions (Part 1 of Article 74 of the Labor Code of the Russian Federation). Before making such changes, the employer is obliged to take a number of measures, namely notify employees about:
| The notification period is no later than 2 months before the changes are introduced. If an employee refuses to work under changed conditions, then labor legislation prescribes the employer the obligation to offer him another job available to him (Part 3 of Article 74 of the Labor Code of the Russian Federation). Moreover, this must be done in writing. If there is no such work or the employee does not agree with the proposed options, then employment contract with the employee is terminated (clause 7, part 1, article 77 of the Labor Code of the Russian Federation). |
| 5. Renaming positions and departments | Creation of an order (draft order) on the renaming of positions and departments, which contains the following information:
| The notification period is no later than 2 months before the changes are introduced. The form of notification is written. If the employee does not agree with the proposed conditions, the employer is obliged to offer another available job. If there is no such work or the employee does not agree to work on the proposed conditions or work in the existing position, then the employment contract with the employee is terminated ( |
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