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Items that can be amended in an Employer Of Record (EOR) contract
Items that can be amended in an Employer Of Record (EOR) contract
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Written by Asma Makni
Updated over a week ago

There may come a time when you need to make adjustments to your EOR employment contracts with Omnipresent. Understanding what can and can't be amended is crucial.

In this guide, we'll take you through the aspects that can be modified and those that are not open to amendments.

It's important to note that some amendments, while permissible, might also lead to an increased deposit due to their potential impact on employee terminations. For more details, please refer to this article.

What Can Be Amended ✅

  1. Employee Name or Nationality: If there's a need to amend an employee's personal details in the EOR employment contract with Omnipresent, it can be done, but it requires a review by Omnipresent.
    To validate and ensure compliance with local regulations, the employee will be required to submit a new identity document that reflects the updated information. This procedure safeguards the accuracy and legality of the contract.

  2. Start Date: Sometimes, plans change, and you may need to push back the start date of a contract through Omnipresent's EOR services. Fortunately, EOR employment contracts can accommodate this adjustment.
    However, it's important to note that you cannot backdate start dates to a signed contract. If you find yourself needing to make such a change, consider alternatives, such as adding an adjustment or a bonus for the employee's upcoming pay. You can refer to our backdating article for further information.

  3. Job Title: We understand that job titles can evolve naturally throughout an employee's journey, often due to their outstanding performance and promotions. Omnipresent is here to accommodate these positive changes in your EOR employment contracts. If an employee earns a promotion within your organization, we can update their job title to reflect their new role, ensuring that the contract remains accurate and up-to-date.

  4. Scope of Work: The scope of work can be amended to better align with the evolving needs of your business with Omnipresent's support. Just remember that it should remain generic to the role rather than include specific details.

  5. Contract Term: Whether you need to extend or renew the contract term through Omnipresent's services, this is a flexible aspect that can be amended as necessary.

  6. Salary: Salary increases can be made in EOR employment contracts to ensure that compensation aligns with your business requirements and current market standards.

  7. Time Off: Amendments related to time off, such as additional vacation days or leave policies, can be made with the support of Omnipresent to accommodate your organization's unique needs.

What Cannot Be Amended

  1. Employee Demotions: Once an employee has signed the employment contract facilitated by Omnipresent, demotions, such as moving from a Manager to an Employee role, are generally not possible without the employee's consent.

  2. Decrease in Leave Entitlements Below Statutory Minimum: A decrease in leave entitlements below the statutory minimum is not possible due to legal and regulatory constraints that prioritize employee rights and well-being. Employment laws, both at national and international levels, establish a baseline for minimum leave entitlements to safeguard the health, safety, and work-life balance of employees. Attempting to decrease leave entitlements below the statutory minimum would be a violation of these legal standards, exposing the employer to potential legal repercussions and undermining the fundamental principles of fair employment practices.

  3. End Date: If an employee has already signed their agreement through Omnipresent's services, you cannot change the contract termination terms from an indefinite period to a definite period. Such changes must be made before the agreement is signed.

EOR employment contracts facilitated by Omnipresent offer a great deal of flexibility to accommodate your evolving business needs. Understanding what can and cannot be amended ensures that your employment arrangements remain compliant and efficient.

If you ever need to make adjustments, be sure to follow the guidelines outlined here, and consult with Omnipresent, your trusted EOR provider, as needed to navigate these changes smoothly.

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