The leaders of some enterprises, having chosen new management methods, immediately begin to implement them. Moreover, the legal aspect of implementation is often limited to issuing an order that the payment system will henceforth be so-and-so, and the regime - so-and-so. This is not enough. The fact is that such actions affect the content of the employment contract. Changing the essential working conditions is a process that requires a special approach, and one order is not enough. Consider the legal aspect of this procedure.
General information
Changing the essential working conditions in Belarus , as, in fact, in Russia, is regulated by labor legislation. From a legal point of view, this process is considered as a form of changing the agreement between the employee and the employer. At the same time, the legal regime and its corrections are between transfer and transfer. The difference between them is that in the first case, the consent of the employee is necessary, and in the second - no.
Stages
Changing the essential working conditions in Belarus , Russia and some other countries of the near abroad implies:
- Execution of an additional agreement. It will act as an annex to the contract. In this case, the agreement is drawn up in 2 copies.
- Issuing an order to change the essential working conditions (a sample document is presented in the article).
An employee of the enterprise begins to perform production tasks under the new rules from the moment of signing the add. agreement or from the date specified therein. One important point should be noted here. Even if an employee agrees to a change in the essential working conditions , without drawing up an agreement and issuing an order based on it, he should not begin to fulfill his duties.
Leadership initiative
As article 32 of the Labor Code points out , a change in the essential working conditions by the employer is allowed if technological or organizational innovations have been introduced into the activities of the enterprise. Moreover, they must be documented and justified. Organizational changes in significant working conditions involve adjusting the staffing, schedule, and content of the collective agreement. Company management may decide to purchase new equipment or move to innovative technologies. Such changes are called technological, respectively. In such situations, the legislation establishes a certain procedure for the leader. The employer orders the introduction of technological or organizational innovations. After that, he for 1 month. Prior to the entry into force of the latter, it shall notify each employee whom they concern a notice of significant changes in working conditions. In Belarus , Russia and a number of other neighboring countries, liability is provided for non-compliance with the rules.
Guarantees for employees
The legislation provides a number of legal instruments to protect the interests of employees. So, having received a notice of changes in significant working conditions , the employee can give an answer within 1 month. This is a fairly long period during which an employee can weigh all the pros and cons of future changes. If a citizen decides to refuse to change the essential working conditions , the employer must provide him with other similar work (position) at the same enterprise. If it is impossible to do this (there are no empty seats, for example), the employee resigns at his own request. It should be said that the employer cannot make changes to the essential working conditions for the period of 1 month allotted for the employee to make a decision. Otherwise, he will have to pay the employee compensation. Compensation is the amount of earnings for the specified month.
Reasons for Innovation
Significant changes in working conditions The Labor Code requires justification. The introduction of innovations in the work is allowed due to industrial, economic, organizational need. Among the main reasons are the following:
- Installation of new machines.
- Introduction of a new form of organization of activities at the enterprise.
- Transition of the company to multi-shift mode.
- Computerization (automation) of production.
- Implementation of resource-saving working methods.
- Reprofiling production.
If the employer has not provided evidence (justification) of significant changes in working conditions, the Labor Code of the Russian Federation recognizes the dismissal mentioned above as illegal. Accordingly, very adverse consequences for the employer may occur. As a rule, the body authorized to consider labor disputes imposes an obligation on the enterprise management to restore the working conditions of personnel that existed before. Moreover, the employer will have to pay compensation to the employee for forced absenteeism or the implementation of lower-paid production tasks. Justification of innovations, therefore, is the responsibility of the employer. The reasons for which these or other changes are introduced are indicated in the order to change the essential working conditions . With this document, each employee who is affected by the change should be acquainted with the signature.
What working conditions are considered essential?
Their list is fixed by law. However, the list is not closed. Significant conditions, depending on certain circumstances, include:
- The right to pension benefits.
- Remoteness of the enterprise from the place of residence.
- The ability to use official vehicles to travel to work.
- Implementation of activities in a specific unit (workshop, department, service), specified by the employment contract.
- Ability to use holidays and weekends.
Qualifications
In some cases, the list of essential conditions includes the rank of employee. At the same time, it is stipulated that a change in the qualification indicator may entail the transfer of an employee. Meanwhile, this condition is contrary to the requirements of the law. The employer is not entitled to lower the rank on the basis of the Labor Code. The qualification indicator can act as one of the key points of the contract, for example, in the case of the introduction of 8-bit (instead of 6-bit) qualifications throughout the enterprise as a whole. In this situation, it should be applied by analogy with the provisions of the law on the adjustment of the name of the position, profession. It cannot be regarded as essential (albeit undoubtedly important) conditions about the labor function, employer, place of work. Their adjustment is recognized, as a general rule, by translation. A change in workplace conditions is considered a relocation.
Rename position (profession)
It is carried out when new characteristics are included in the Unified Tariff and Qualification List, and the names change in the directory of employees. Simply put, the old names cease to exist - they are replaced with new ones.
Important point
If the position / profession is not only renamed, but also changes are made to the scope of skills, knowledge, functions of the employee, his duties or rights, there is a transfer to another job. It can be carried out only with the consent of the employee. The explanations of the Ministry of Labor and Social Security repeatedly emphasize that the renaming of a profession / position is carried out by a specially authorized body of state administration or the Government. Only on the basis of acts adopted by these structures, the employer changes the name, and not at its sole discretion.
Renaming Specialties
In the legislation it does not apply to the number of changes to the essential conditions. Specialties are defined within a specific profession. In this regard, the rules provided for renaming professions should be applied.
Transition to contract
Often, citizens, entering work, conclude an agreement with the tenant for an indefinite period. Over time, there is a need to make the transition with such employees to the contract. This process relates to the essential condition of the contract. Typically, most of the key aspects of an employee’s professional activities are reflected in writing. This may be, in fact, an employment contract or an order (order) issued upon admission to the enterprise or subsequently. In such acts, in particular, the salary, the features of combining professions, the performance of production tasks in part-time or at home (remotely), job title, etc. are changed. Key conditions are changed in the same order in which they were determined. First of all, adjustments are made to the agreement or order of the head. At the same time, there is a category of changes for which the order is not issued. For example, when switching from a regular schedule (not fixed for a specific employee in the agreement) to a shift, it is sufficient to familiarize the employee with the new regime.
Notification of changes in material working conditions
As mentioned above, the employee must be warned about upcoming innovations. During the month allotted for him to make a decision, he is obliged to continue to fulfill his production tasks. In the event of evasion from them, an employee may be subject to disciplinary action, up to and including termination of employment. The latter threatens, for example, for absenteeism for disrespectful reasons, systematic non-fulfillment of duties, being in a state of intoxication.
Notice period
The minimum period is 1 month. The legislation does not stipulate a maximum term. Accordingly, a notice can be sent to an employee for 1.5, and 2, or more months. Calculation of the term is made in calendar days.
Employee Failure
It entails termination of the employment contract. If the employee did not send a refusal to the head of the enterprise, but was dismissed, then such actions are illegal and entail corresponding consequences. First of all, an employee is reinstated at work. Refusal should be made in writing. The document should indicate all the required details (name of the company, full name of the director, information about the applicant). The text can be limited to the phrase "I refuse to change working conditions." In addition, it is allowed to put an appropriate mark on the change order. In this case, you can limit yourself to one word "refuse." It should be noted that the refusal in the form of an independent document or signature on the order does not mean that the employee can stop working. As mentioned above, he is obliged to continue to perform production tasks for the period allotted by law for notification (i.e. for at least a month).
Controversial issues
Dismissal of an employee is allowed only at the end of the month allotted for notification. In this case, the employee may insist on an earlier termination of the agreement. If the tenant does not comply with the procedure for changing essential working conditions, the court has the right to adjust the date of dismissal so that the legal relationship is terminated at the end of a month. This provision applies if the employee cannot be reinstated. In some cases, the employee was notified of the changes, but he was fired before the expiration of a month. In such a situation, the court has the right to adjust the date of termination of the agreement taking into account the period remaining until the end of the month. Lost earnings are recovered from the employer. The powers of the court established by law allow, thus, to restore the violated order and protect the right of the employee to advance notice.
Dismissal of an employee before the end of a month
According to some experts, the manager should understand the desire of the employee to leave the enterprise before the expiration of the month allotted for the notification of changes in key working conditions. The reasons for this situation may be different. For example, an employee has reached retirement age, wants to transfer to another company, etc.
Specific situations
An employee cannot be disciplined for refusing to continue working under the changed conditions, because the law gives him such a right. In some cases, in practice, employers force employees to continue working after the expiration of a month's notice, and dissenting employees are dismissed. As grounds for terminating the contract in such situations, employers call absenteeism or systematic violation of discipline. What do courts do in such cases? The dispute resolution authorities believe that if a question regarding the reinstatement of an employee is considered, it will be revealed that absenteeism is associated with his refusal to work in the changed conditions, and the citizen does not want to continue the activity, the wording of the dismissal can be changed. Accordingly, the order on the termination of legal relations is enforced on the basis of the actual circumstances of the case.
Conclusion
An unlawful change in key working conditions entails negative consequences for the management of the enterprise. Legislation enshrines various provisions guaranteeing the protection of the interests of workers. In case of violation of rights, employees can expect to receive material compensation.