All labor conditions are indicated in the contract. If circumstances change on any initiative (employee or manager), adjustments are made to it. The employee agrees to this provision in writing. The document is certified by its signature and the signature of the head.
Notification Question
When it is planned to change working conditions at the initiative of the employer, he must notify the employee. Depending on the type of organization, there are different terms for this warning:
- 2 months. Standard period. It operates in many organizations and enterprises.
- 2 weeks. The term is relevant when a person works with a private entrepreneur.
- A week. This rule applies to religious organizations.
In any case, the notice must be correctly issued and provided to the employee against signature. Be sure to explain in detail the reason for these changes.
In practice, there is no maximum notice period. But tightening it is not advisable. This position of the employer is interpreted as abuse of employee rights.
Background
There are various reasons for changing working conditions. In enterprises, most often this happens due to a change in technological processes. A decline in profits or a bad market situation cannot serve as objective reasons for this.
Today, the most common causes are:
- Reorganization of the company.
- Change of ownership of the company.
- Changing the criteria of an insurance program.
- The introduction of the mandatory format of work clothes.
- Ban on wearing any jewelry.
- Installation of new equipment.
- Change of operation mode.
Points of law
The Russian Labor Code in articles 117, 147, 2161 and 220 addresses the issue of labor conditions. It:
- general list of all technological specifics of production;
- criteria for organizing employee work activities;
- a combination of safety and labor protection factors for employees.
If due to changes in working conditions at the initiative of the employer no adjustments are made to the labor agreement, the employee does not have the right to refuse to work in the new conditions.
If he is in agreement with them, then both parties sign an agreement. This principle is based on Art. 72 domestic shopping malls. The stipulated act reflects the essence of the changes that are being fixed in the provisions of the indicated agreement.
Employee position
When changes in working conditions at the initiative of the employer occur in compliance with the necessary rules, the employee has the following options:
- Agree with the new state of affairs or refuse to work in this organization. He must answer the head within two months. Any of his reactions is documented.
- In case of disagreement with the changes that have arisen, he has the right to rely on another position in this organization with similar conditions. If there is no such vacancy, he can issue a dismissal on his own initiative.
- You can conclude an additional agreement and attach to the current contract.
Clause 3 implies the execution of a translation. And this process in this situation has its own nuances.
Subtleties of translation
Due to changes in working conditions, an employee may request a transfer. This is especially true when the head offers him a new vacancy, and he refuses it.
In this situation, a translation is executed. An additional act is concluded, which is an addition to the labor agreement. It details the complete list of the amended contract terms. Usually it includes such items:
- job designation;
- the salary;
- remuneration mechanism;
- working hours;
- Time relax.
The agreement is formed in two copies. It is signed by both parties and is taken to itself one at a time. The one that remains with the head must have a mark certified by the signature of the employee. The principle is reflected in Art. 72, 67 TK.
After which the employer issues a transfer order. Options for the form of the document: T-5 or T-5a. It is studied and signed by an employee (with consent). Based on it, corresponding entries appear in the workbook and personal card of the employee.
Infringement situations
There are various examples of changes in working conditions at the initiative of the employer. Of most interest are cases from judicial practice:
- Perm region. October 2015. In the hospital, working conditions changed and the salary of employees decreased. The head doctor decided to transfer the nurse to another branch of the hospital. At the same time, he threatened to fire them if they did not agree. The court found the acts on these transfers illegal.
- Omsk 2015. Job descriptions at one enterprise were illegally changed.
- Arkhangelsk. 2013. The company's management changed working conditions due to low sales of its products.
- Moscow. 2015. The employee was transferred to another place in the enterprise. At the same time, his salary was lowered.
This is only a very small part of examples of illegal changes in working conditions and subsequent actions based on this.
Payment Issues
Changes in the terms of remuneration at the initiative of the employer are regulated by the following articles of the Labor Code:
- Number 57. Regulates the content of the labor agreement, fixing the formation of legal relations between the head and employee.
- Number 72. General criteria for changing the terms of the contract should be introduced when both parties agree.
- No. 74. Displays the grounds for changing the terms of payment for work activities. For instance:
- change of equipment and production technology,
- reorganization regarding the production system.
If there are objective and legal grounds, the following algorithm must be observed:
- The employee is notified of upcoming changes and their causes. Two months before them (2 articles 74 of the Labor Code).
- The employee documents the changes.
- With his disagreement, he is offered a transfer to another place in the same organization.
- An order is being formed. On its basis, labor relations are terminated (if the employee does not want to be transferred) or the principles of remuneration are changed (if the employee agrees with them).
The result of the approval of new criteria and parameters for the payment of salaries should not spoil the position of employees, by analogy with the terms of collective contracts relevant in this organization.
Potential riot
If a change in working conditions at the initiative of the employer occurs without complying with legal standards, employees may quit en masse.
To keep jobs, the head has the right to change work modes. The reasons for this are:
- The opinion of the union.
- Article 372 of the Labor Code.
A working day or week may become incomplete for a maximum of six months.