Grounds and procedure for changing the terms of the employment contract. Consequences of refusing to work on new conditions. Payments to an employee upon termination of an employment contract due to the employee's refusal to continue work in connection with a change in the conditions specified by the parties
Case No. 2-768 / 2015
SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
Sortavala City Court of the Republic of Karelia consisting of:
presiding judge Mukovkina T.I.,
with the participation of the prosecutor Kazantseva E.G.,
under the secretary O.N. Pugach,
Having considered in open court a civil case on the claim of XXX and SSS against the Closed Joint Stock Company Kokkomyaki Quarry for reinstatement at work, collection of wages for the period of forced absence from work and compensation for moral damage,
installed:
The plaintiffs filed a lawsuit against the defendant on the grounds that they worked at ZAO Kokkomyaki Quarry on the basis of employment contracts concluded by the employer with the plaintiffs for an indefinite period, on 04/09/2015 the employer prepared a notice of changes in conditions employment contract, in which the employer indicated that, on the basis of Order No. from, the remuneration system was changed, which provides for a change in the terms of the employment contract. The plaintiffs referred to the fact that XXX on July 28, 2015, and SSS on July 16, 2015, were not allowed to work, later they became aware that acts of refusal to sign were drawn up supplementary agreement, defining new terms of payment, and orders for their dismissal under clause 7, h. 1, Art. in connection with the termination of the employment contract on the initiative of the employer - the employee's refusal to continue working in connection with a change in the terms of the employment contract. The plaintiffs consider the dismissal illegal, refer to the fact that the defendant committed violations during their dismissal, the presence of which indicates illegal dismissal. They indicated that it follows from the notice that the terms of the employment contract in terms of remuneration are changing in connection with the changes made to the remuneration system, but the plaintiffs believe that no changes in production or in its organization were made by the employer, either in fact or in documents. , therefore, the employer did not have the right to unilaterally change the terms of the employment contract with the employee, including on remuneration, which is confirmed by the provisions of Art. ... The employer is obliged to notify the employees, who are affected by the introduced changes, in writing not later than two months before their introduction. To this end, the employer acquaints workers with this order against signature or sends a separate written notice, which should contain information not only about the nature of the changes, but also about their reasons. The prepared notifications do not contain the reasons for the changes being made, the timing of the decision by the employee and the consequences of his consent or refusal to continue working in the new conditions. It is believed that this violation is the basis for recognizing the termination of the employment contract as unlawful. In violation of Part 3 of Art. the respondent did not offer any other available work or an indication of the lack of work. Believes that in accordance with Art. it is necessary to offer the employee a list vacancies, containing, in addition to their name, a description of the labor function for each of the positions and working conditions (pay, working hours, etc.), which follows from the systemic interpretation of para. 7 h. 1 tbsp. , Art. Art. ,. At the same time, the employer must offer vacancies within the entire two-month notice period. Also, the plaintiffs believe that the defendant did not find out their opinion about their consent or refusal to continue working in the new conditions, since the workers were simply not allowed to enter the plant, they did not see any additional agreement and did not acquaint them with it. In connection with the illegality of the dismissal, it is believed that the defendant is obliged to pay them wages for the entire time of the forced absence from the day of dismissal until the day of reinstatement at work, as well as the unlawful actions of the defendant, the plaintiffs suffered moral suffering, which must be compensated in accordance with Art. Art. and Part V> Section XIII. Protection of labor rights and freedoms. Review and resolution labor disputes... Responsibility for violation of labor laws and other acts containing norms labor law> Chapter 60. Consideration and resolution of individual labor disputes> Article 394. Making decisions on labor disputes about dismissal and about transfer to another job "target =" _blank "> 394 of the Labor Code of the Russian Federation. The plaintiffs ask to reinstate them at work: XXX as a machinist loading machine loading workshop of JSC Kokkomäki Quarry, SSS in the position of a car driver engaged in the transportation of rock mass to technological process in a career, to collect wages for the time of forced absenteeism in favor of the plaintiffs, to recover in compensation for moral damage in rubles. for everyone's benefit.
The plaintiff XXX did not appear at the hearing, he was notified of the consideration of the case.
At the hearing the plaintiff SSS and the plaintiffs' representative by proxy Samsonov A.The. supported the stated claims on the grounds specified in the statement of claim, also explained that they believe that they were dismissed illegally. It is believed that the defendant did not provide evidence of the existence of circumstances indicating the impossibility of maintaining the terms of the employment contract determined by the parties, namely, the old wage system, since the workers worked at the new CH430 tertiary crushing complex from the end of February 2015 until their dismissal, nothing in their work has not changed, the introduction of the new complex did not make any changes to the activities of the plaintiffs at all, the workers were not familiarized with the order No. there is no reference to the obligation to familiarize employees with this order, the familiarization sheet also lacks an indication of what the employees were familiarized with, the employees themselves explain that they were not familiarized with the order, they signed for the received notifications. It is believed that the provisions of Art. since the employees were not offered any other job, they were also not informed about the absence of vacancies at the enterprise. They indicated that they were asking to be reinstated in the position from which the workers were dismissed.
The representative of the defendant did not appear at the hearing, asked to consider the case in their absence, provided a response. The response indicated that on 07/30/2014 the defendant entered into an agreement with LLC "" on the supply of the CH430 tertiary crushing complex to the plant, carrying out work on its installation, commissioning and commissioning. The purchase of this equipment was caused by the objective need for a deep modernization of the plant in order to produce a wide and expensive range of products. marketable products, in demand in various sectors of the national economy. On February 12, 2015, the CH430 tertiary crushing complex was installed at the plant and put into operation. 03/02/2015 The General Director of the defendant issued an order No. from "On changing the production technology and increasing the range of manufactured products", in which the heads of all structural divisions were notified of the commissioning of new equipment, changes in technological working conditions, the start of the release of small fractions of crushed stone (5- 20, 5-10,10-20,10-15,15-20), and in addition, in connection with these circumstances, it was proposed to develop and submit to the General Director proposals on changing the system of remuneration of employees of the relevant division. On 04/09/2015, an order No. of "On Amendments to the Employee Remuneration System" was issued, which fixed the change in the technological working conditions, and a new "Regulation on the remuneration of employees of ZAO Kokkomyaki Quarry" was approved. This order provided for the notification of employees about changes in the essential conditions of employment contracts in terms of changes in the remuneration system, prescribed the need to sign additional agreements with employees after the expiration of the notification period, and conditions, labor contracts with employees are subject to termination under clause 7, h. 1, Art. ... An acquaintance sheet was attached to this Order, where the plaintiffs on 04/09/2015 personally signed that they had been warned about changes in the technological working conditions, changes in the payment system, and that the defendant had no other vacant jobs. Thus, the plaintiffs are informed that the defendant has no other vacant jobs, and that the employment contract may be terminated at the initiative of the employer in the absence of the employee's consent to work in the new technological conditions and with new system accrual and remuneration. The plaintiffs were served notices of dismissal, they were familiarized with the order, but refused to sign additional agreements after the expiration of the deadline for advance notice, which is recorded in the acts drawn up by the commission on July 16, 2015 (in relation to SSS) and in the act on June 11, 2015 (in relation to XXX). It is believed that the provisions of Art. the dismissal of the plaintiffs were not violated.
After hearing the explanations of the plaintiff, the representative of the plaintiffs, examining the written materials of the case, hearing the conclusion of the prosecutor, who believed that the claim should be satisfied in terms of reinstatement at work, collection of wages for the time of forced absence, in terms of claims for compensation for moral damage in the amount determined by the court, the court comes to the next conclusion.
The court established that claimant XXX from 25.06.2012 on the basis of employment contract No. was hired as a car driver at ZAO Kokkomäki Quarry, subsequently transferred to the position of a loader driver, claimant SSS was hired as a car driver from 18.08.2013 engaged in the transportation of rock mass in the technological process in the open pit of CJSC Kokkomyaki Quarry on the basis of employment contract no.
As follows from the case materials, claimant XXX was dismissed on July 28, 2015, and SSS claimant was dismissed on July 16, 2015, both were dismissed under clause 7, part 1 of Art. in connection with the termination of the employment contract on the initiative of the employer - the employee's refusal to continue working in connection with a change in the terms of the employment contract.
From the documents submitted by the plaintiffs to the statements of claim, it appears that on 04/09/2015 they were served with notices dated 04/09/2015 about changes in the terms of the employment contract determined by the parties. According to the notifications, the employees were informed that, on the basis of Order No. from, the remuneration system would be changed, which provides for a change in the terms of the employment contract concluded with them. In the notification, employees were notified of the remuneration system, the following remuneration system was established for all employees: an official salary in the amount of., A bonus for loyalty up to 100% of the official salary, a bonus based on the results of labor for a month to the official salary, subject to the processing of rock mass in an amount of over 12,000 tonnes for each tonne processed, percentage surcharges in accordance with Art. ... It is also reflected that the corresponding changes in wages will be formalized by an additional agreement within two months from the date of receipt of the notification. If the employee does not agree with the change in the terms of the employment contract, the employment relationship will be terminated after two months from the date of receipt of the notification in accordance with paragraph 7 of Part 1 of Art. ...
From the explanations of the plaintiffs, the materials of the case, it follows that the plant was modernizing production in order to produce a wide and expensive range of commercial products, on February 12, 2015, the CH430 tertiary crushing complex was installed at the plant and after the installation supervision was carried out, it was put into operation, these circumstances were not disputed, confirmed by the case materials.
Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the employee's position in comparison with the established collective agreement, agreements.
Decided:
Satisfy the claim in part.
To reinstate XXX to work as a loader operator in the closed loading workshop joint stock company Kokkomäki quarry since July 29, 2015. To collect from the Closed Joint Stock Company "Kokkomyaki Quarry" in favor of XXX wages for the time of forced absence in the amount., As well as compensation for moral damage RUB. Dismiss the rest of the claim.
To reinstate SSS as a driver of a car, engaged in the transportation of rock mass in the technological process in the open pit of the crushing and screening shop of the Kokkomäki Quarry Closed Joint Stock Company from July 17, 2015. To collect from the Closed Joint Stock Company Kokkomyaki Quarry in favor of SSS wages for the period of forced absence in the amount., As well as compensation for moral damage RUB. Dismiss the rest of the claim.
Collect from the Kokkomyaki Quarry Closed Joint Stock Company to the budget of the Sortavala municipal district a state duty in the amount of
The decision regarding reinstatement at work and the collection of wages is subject to immediate execution.
An appeal against the decision can be submitted to the Supreme Court of the Republic of Karelia through the Sortavala city court within a month from the date of the final decision of the court.
Judge T.I. Mukovkina
The motivated decision was made on 08/31/2015.
Court:
Sortavala City Court (Republic of Karelia)Plaintiffs:
Volkov E.S.Heglund Yu.A.
Defendants:
Kokkomyaki Quarry CJSCJudges of the case:
Mukovkina Tatyana Ivanovna (judge)Judicial practice on:
Recovery at workArbitrage practice on the application of the norm of Art. 394 of the Labor Code of the Russian Federation
Labor contract
Judicial practice on the application of the norms of Art. 56, 57, 58, 59 of the Labor Code of the Russian Federation
Dismissal, illegal dismissal
Judicial practice on the application of the norm of Art. 77 of the Labor Code of the Russian Federation
In accordance with the requirements of labor legislation, the employee has the right not to fulfill the conditions not provided for in the employment agreement. But the nature and place of work can be changed by production necessity or for other reasons. How to arrange this without violating the law? In the article we will talk about dismissal in case of refusal to transfer, consider the reasons and main mistakes of employers.
Significant changes to the employment contract
In their daily work, organizations are often faced with the need to transfer an employee for various reasons. If, as a result of this, the terms of the employment agreement change, it does not matter what was the reason (production necessity, reorganization legal entity, expansion or reduction of the enterprise, certification or the state of health of the employee). The very fact of changes is important.
If they affect:
- labor duties,
- place of work,
- wages,
- schedule,
- other conditions specified in this document.
In this case, the translation can be carried out only with the written consent of the employee.... An exhaustive list of significant changes to the terms of the employment agreement is not established by law. The degree of materiality is assessed on a differentiated basis for each case.
Reasons and types of translation
If, when transferring an employee to another place of work, there were no significant changes in working conditions, then such an action can be attributed to a transfer that does not require his written consent. In this case, earnings, responsibilities, position and place of work remain the same.
Moving an employee to different branches of one business entity means changing the place of work. Consequently, if an employee, on the initiative of the employer, moves from one structural unit of the organization to another, then this should be regarded as significant changes in the employment contract and transfer, and not transfer. This is especially true when the employment agreement clearly states the place of work (site, workshop, structural unit, etc.) for which the employee is hired.
The need for translation arises due to a change of address by a legal entity, production necessity, medical indications.
Dismissal upon refusal to move to another area
The change of location by a legal entity must be reported to employees 2 months in advance in writing. This document must contain information about the new address of the employer, the timing of the move, the date of the start of work, the guarantees and compensation payments associated with his transfer. As a rule, a transfer associated with the relocation of a company to another location entails a reimbursement of costs:
- to move to the place of work of both the employee himself and his family members;
- for the transportation of his property;
- to the device in a new location.
In a written message, it is possible to reflect the procedure and nature of compensation, as well as establish a period during which the employee is obliged to notify the employer of his decision. If during the specified period the employee does not receive a statement of consent, then this is regarded as a refusal to transfer.
If the employee disagrees, he is subject to dismissal. This applies to pregnant women, and to women raising children under the age of 14, and to other benefit categories. Such an action does not belong to the category of dismissals initiated by the employer. This is formalized by an order, in which a reference to the decision to relocate the company and to the employee's refusal to transfer are indicated as the basis. The employee is introduced to him against signature.
Dismissal for medical reasons
Cases of serious illness of an employee are possible, as a result of which, on the recommendation of the medical commission, he needs to be transferred to another place of work in more suitable conditions. Despite the recommendations of the commission, the employee may not agree with the transfer to a position that is allowed to him for health reasons.
In this situation, the employer has the right to terminate the employment agreement in accordance with Art. 77 of the Labor Code of the Russian Federation.
In this case, the following nuance must be observed. It concerns the case when an employee needs temporary transfer for a period not exceeding 4 months. In this case, he cannot be dismissed before the expiration of 4 months, even if the employee does not agree to the transfer. He may not work, the salary will not be charged, but the place of work for him will remain. When the restriction expires, the employee has the right to return to his place without hindrance.
Dismissal by court decision
If a court decision has entered into force in relation to an employee prohibiting him from holding a certain position, then the employer may offer a new position to which the restriction does not apply. The employee may disagree with the transfer proposal. In this case, the employer has the right to terminate the employment contract unilaterally.
Dismissal when working hours are reduced
As a result of production and technological transformations at the enterprise, the employer may need to introduce a part-time regime. As a rule, this forced measure is introduced for up to six months in order to preserve jobs. Labor legislation establishes only the upper limit of the duration of working hours.
The working week cannot be longer than 40 hours. Its minimum duration is not spelled out either in the Labor Code or in other regulations.
When the regime of reduced working hours is introduced, it is necessary to notify the staff about the upcoming changes no later than 2 months in advance. A notice of this must be drawn up in writing. Non-compliance by the employer deadlines allows the employee to challenge the decision to reduce labor time in court, recover lost wages and compensation for moral damage. Any changes regarding this issue should be recorded in the employment agreement.
The employee may not agree to the new working conditions. In this case, the employer offers him vacancies. If there are none, and the employee refuses to work on reduced working week, the employer has the right to terminate the employment agreement unilaterally.
Dismissal upon change of owner or reorganization of a legal entity
When changing employer, dismissal occurs as follows:
| Reason for change | Positions subject to dismissal in accordance with the Labor Code of the Russian Federation | Note |
| Change of ownership of a legal entity | According to labor legislation, the new owner can dismiss the management of the enterprise ( general director, his deputies, chief accountant). Persons holding other positions can continue to perform their professional duties in accordance with previously concluded labor agreements. | Any employee who is unwilling to continue professional activity the new owner may refuse further cooperation. If, on the initiative of the new owner, the staffing table changes and certain positions are abolished, then the employee can be dismissed due to staff reduction in accordance with the procedure established by labor legislation |
| Change of departmental subordination of a legal entity | All employees, including the management team, have the right to work in their positions | If an employee does not want to maintain an employment relationship with an employer after a change in departmental subordination, he has the right to dismiss |
| Reorganization of the employer (merger of several firms with the subsequent formation of a new enterprise, division into several enterprises, separation of a legal entity from the old enterprise, change of the organizational and legal form of the entity) | The relationship with employees is maintained. If significant changes occur staffing table, then employees can be dismissed or transferred to other positions. Any actions related to the movement and dismissal of workers are performed in strict accordance with the Labor Code of the Russian Federation (Articles 81, 73) | Employee can initiate termination labor relations... The legislative acts do not set a maximum period for which it is necessary to inform the employer about the desire to quit. In this case, it is not necessary to do this in advance. |
Dismissal upon change of essential conditions
In certain cases, the employer may make significant changes to the provisions labor contract... These include:
- place of work;
- the date when you should start performing your professional duties;
- title of position, profession;
- rights and obligations of the parties to the contract;
- working conditions, wages, compensation payments, social insurance.
With these changes, the employer will have to fulfill certain obligations:
- notify the employee in writing about the change in conditions in advance (2 months in advance). Exceptions to the terms apply to employers-individuals (for them the term is 2 weeks) and employers-religious organizations (a week). The employee must answer whether he agrees to continue working in the new conditions. The time for reflection is not legally limited, so the employee can give an answer by the end of the two-month period;
- with the intention of further cooperation, draw up a new labor agreement;
- in case of refusal to work in the changed conditions, offer the employee vacancies that he can occupy, taking into account his qualifications and professionalism.
Answers to current questions
Question number 1. How to properly formalize the dismissal of an employee on their own in the event of a reorganization of a legal entity?
Question number 2. As a result of reorganization (merger), the employee moves from one enterprise, which is part of the holding, to another. How to arrange such a transfer?
In this case, it is not the transfer, but the dismissal under Article 77 of the Labor Code of the Russian Federation with the further recruitment of a new organization to be correctly drawn up.
Question number 3. The employer, referring to the emergency, transferred the employee to a new position for a month. The position is not stipulated by the employment agreement. The employee did not sign the agreement to transfer. Is the employer's actions lawful?
Yes, the employer's actions are justified by labor law. If he has evidence of the extraordinary nature of the events (accident, disaster, etc.), then transfer to another position without the consent of the employee for a period of up to a month is allowed.
Question number 4. What compensation payments can an employee who refused to transfer to another place count on upon dismissal?
For compensation unused vacation and an allowance based on an average two-week wage.
Question number 5. When drawing up a new staffing table, the position was abolished. The person who occupied it was offered a vacancy, but with a lower salary. What payments are due to an employee if he does not agree with the new working conditions. Can an employee count on new position by the previous salary?
When reducing the position, the employee must be provided with vacancies in the organization. In the absence of an equivalent position in terms of payment, he is offered all the vacant places. When the employee has agreed to the option with a lower salary according to the staffing table, then he will not be able to demand an increase in pay to the previous level. If an employee refuses the offered vacancies, then he is entitled to payments provided for dismissal due to staff reduction.
According to Part 1 of Art. 74 of the Labor Code of the Russian Federation, in progress economic activity the enterprise may need to change the organizational or technological working conditions. These include changes in production technology, the development of new types of products, structural reorganization, changes in the work and rest regime. The listed circumstances entail a change in the terms of the employment contract determined by the parties, and sometimes dismissal when significant working conditions change.
Features of changing the terms of an employment contract
In accordance with Part 2 of Art. 74 of the Labor Code of the Russian Federation, the employer is obliged to notify employees about the upcoming changes in the terms of the employment contract, as well as the reasons that caused the need for such changes. The employer must notify each employee in writing at least two months in advance, unless otherwise provided by law.
If the working conditions change, the employee may refuse to work under the new conditions and terminate the employment contract.
The procedure for dismissing an employee when working conditions change
According to Part 3 of Art. 74 of the Labor Code of the Russian Federation, if an employee for any reason does not agree to continue working in the new conditions, the employer is obliged to offer him another job that the employee can perform, taking into account his state of health. In this case, the employer is obliged to offer the employee all the vacancies available to him in the given area.
If the employer has no vacancies, then he notifies the employee in writing that he has no vacancies. Notice of absence of vacancies is issued in duplicate. If the employer does not have vacant positions or the employee refuses the offered job, the employment contract is terminated in accordance with clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.
Dismissal when working conditions change begins with the issuance of an order (unified form No. T-8). The employee must be familiarized with the order to terminate the employment contract against signature.
On the last day of work, the employee is issued a work book with a note of dismissal due to a change in the staffing table. The employee certifies with his signature the entries in the personal card (unified form T-2) and work book... If the employee refuses to receive a work book, an appropriate act is drawn up, and if it is impossible to issue it on the last working day, a notification is sent about the need to receive a work book.
Dismissal procedure in connection with the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties
Other payments include severance pay in the amount of two-week average earnings.
Term: the day of termination of the employment contract.
Make an entry on the termination of the contract in the work book
The work book is filled in according to the sample:
| Record No. | date | Information about employment, transfer to another permanent job, qualifications, dismissal (with an indication of the reasons and a link to the article, clause of the law) |
Name, date and number of the document on the basis of which the entry was made |
||||
| number | month | year | |||||
| 1 | 2 | 3 | 4 | ||||
| 3 | 20 | 08 | 2013 | The employment contract was terminated due to the refusal of the employee of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties, paragraph 7 of the first part of Article 77 Labor Code Russian Federation | Order No. 14k of 08/20/2013. | ||
| Personnel manager "signature" А.А. Ivanova seal |
|||||||
| Employee "signature" B.B. Petrov | |||||||
Make a copy of the work book (sheets with records) of the dismissed employee for the archive of the enterprise
Section 11 of the personal card must be filled in as follows.
The law assumes that changes to the employment contract can be made subject to special rules. The most common reason for the revision is a change in the place and conditions of work at the initiative of the employer. We will analyze step by step how to carry out this procedure correctly.
General information
An employment contract is an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work according to the specified labor function, provide working conditions, and pay the employee wages in a timely manner and in full.
The employee undertakes to personally perform the work function specified in this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force for this employer.
The employment contract fixes the agreement of the parties on the main issues, including: place of work, time of work, labor function(position), working conditions, salary, rights and obligations of parties to an employment contract, etc.
These main points in the employment contract are essential terms of the employment contract and are indicated in Part 2 of Art. 57 of the Labor Code of the Russian Federation.
It must also be remembered that changing the terms of the employment contract should not worsen working conditions, reduce guarantees, limit the rights of employees in accordance with the current labor law, otherwise such conditions are considered invalid (part 2 of article 9 of the Labor Code of the Russian Federation).
Options for changing the terms of the contract
By general rule(Article 72 of the Labor Code of the Russian Federation), changing the terms of the contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases expressly provided for by law.
The Labor Code of the Russian Federation contains the following situations when changes in working conditions are allowed at the initiative of the employer:
- Art. 72.1 of the Labor Code of the Russian Federation - transfer to another job;
- Art. 72.2 of the Labor Code of the Russian Federation - temporary transfer to another job;
- Art. 73 of the Labor Code of the Russian Federation - transfer of an employee to another job in accordance with a medical certificate;
- Art. 74 of the Labor Code of the Russian Federation - change in technological or organizational conditions labor;
- Art. 60.2 TC RF-alignment posts.
Transfer to another job
The transfer of an employee to another job should be understood as a permanent or temporary change in the labor function of an employee or a structural unit in which the employee works, while continuing to work for the same employer, as well as a transfer to work in another locality together with the employer. The reason for the decision of the management to introduce such changes may be not only the successes and achievements of a particular employee, but also his inadequacy to the position held.
Less often, the transfer will be forced, for example, in emergency situations, if necessary, replace the absent colleague. The following will also be considered a translation:
- change not just a workplace, but also a unit, of course, if it is clearly spelled out in the employment contract;
- moving to another locality together with the whole company.
The transfer can be unlimited or temporary, up to one year. At the same time, at the end of the transfer period, his previous place of work was not provided to him and he did not demand it back and also continues to work, then the transfer from temporary to permanent.
But it is always necessary to comply with two indispensable requirements:
- the presence of the written consent of the employee;
- there are no contraindications to work for health reasons.
However, even in this situation, transfer to a job requiring a lower qualification is allowed only with the written consent of the employee. Refusal to perform work during a transfer made in compliance with the law is considered a violation of labor discipline, and absenteeism is absenteeism.
It is also important for the employer to remember that amendments to the employment contract are also possible at the initiative of the employee himself, while the employer decides whether or not to change any of the conditions of such an employee.
But there are exceptions when the employer does not have the right to refuse to change certain conditions of the employment contract for the following employees (part 2 of article 93 of the Labor Code of the Russian Federation, paragraph 3 of paragraph 13 of the Resolution of the Plenum The Supreme Court RF dated 01.28.2014 N 1):
- a pregnant woman;
- one of the parents / guardian with a child under 14 years old or a disabled child under 18 years old and other persons with such children;
- an employee caring for a sick family member.
Change in technological or organizational working conditions
According to the law, the employer is not obliged to report to the employees, but must notify employees of the upcoming changes and their reasons, as well as observe a certain procedure for notifying all interested parties.
Changes can affect a variety of aspects of the employment contract: the size and method of remuneration, working and free time, etc. But, as a rule, they concern not just individual employees, but the whole team of the organization. That's why an important milestone the introduction of such innovations will require the consent of the local trade union representative of the workers.
The employer should remember that he will have to be ready to prove the need to change the terms of the employment contract due to changes in the organizational or technological working conditions, if the dissenting employee goes to court.If the employer cannot substantiate the need to make these changes in court, then these changes may be declared illegal, and The employer may be obliged, for example, to reinstate the employee's employment contract under the previous conditions or to pay the employee's lost wages, it all depends on the employee's requirements.
There is also an exception for employees who worked part-time and who cannot be denied such a mode (for example, a pregnant woman), cannot be transferred unilaterally full-time without their written consent.
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General order of registration of the introduced changes
The steps and actions of the employer's HR department in documenting any changes to employment contracts should be as follows:
- Issue of an order, which indicates the reasons for changing the working conditions, new conditions, a list of employees who will be affected by this, the terms and procedures for the change, as well as responsible persons. The law does not oblige to issue this document but in practice it is often done.
- Notice. Notify the employee about the planned changes in the employment contract in writing and at least 2 months in advance is required by law (exceptions, for example, individual entrepreneurs must notify employees at least two weeks in advance (Article 306 of the Labor Code of the Russian Federation), religious organizations - at least a week in advance (Article 344 of the Labor Code of the Russian Federation)).). The notification is most often sent to the employee personally, but it is quite acceptable to send it by registered mail with notification by mail.
- Receiving a response from each employee with consent. This may be a handwritten signature on an offer or a separate statement from an employee.
- Familiarization of the employee with his job duties at another workplace and other local regulatory documents.
- Drafting, approval and signing of an additional agreement to the employment contract. In the future, it becomes an integral part of the current and registered employment contract (Article 57 of the Labor Code of the Russian Federation).
- Issue of an order. For this it is convenient to use unified form T-5. The application of the forms of documents approved by the State Statistics Committee is not necessary, but it is convenient for specialists of the personnel department and managers.
- Familiarization with the order of the employee. This fact is certified by his handwritten signature. The second copies of the order and additional agreement are transferred to the employee.
- Making entries in the employee's personal card (form T-2) and his work book. But only if there is a transfer, that is, the labor function (position) of the employee changes. Moving, combining positions or changing the work schedule are not reflected in the work book and personal card.
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Refusal of an employee to change the terms of an employment contract
Each employee has the right to determine for himself whether he wants to work at a new workplace or with a different remuneration and refuse the corresponding offer from the employer. The consequences of such a refusal can be two:
- the place of work and position will remain the same, the work will continue on the same terms and conditions enshrined in the contract;
- the employment contract with the refused employee will be terminated, but not as a punishment, but on the basis of paragraph 7 of Art. 77 of the Labor Code of the Russian Federation.
Dismissal due to the employee's refusal to continue working in connection with a change in the terms of the employment contract requires notifying the employee of such an event in advance, 2 months in advance. The employer, immediately in writing and under the signature During this time, must offer the employee other options, if the employer has them (paragraph 7, part 1, article 21, articles. 57, 74 of the Labor Code of the Russian Federation). It is better to record the employee's refusal from the offered vacancies in writing.
Upon dismissal on this basis, the employee is entitled to compensation - severance pay. Its amount in this situation is limited to two weeks' earnings.
March 14, 2017, 07:44 Aug 8, 2019 23:33 
In the world business people the specifics are appreciated. The employer will have less negative impressions if the applicant justifies his act correctly. There are several compelling reasons:
Important! The refusal case should be especially compelling when it comes to applying for a high-paying executive position or the interview was a complex procedure with a lot of time and effort.
Forms of refusal
How to politely refuse an employer after an interview? The following forms of refusal are allowed:
Right time
Ideally, resign as early as possible.
Have made a decision - inform the employer about it.
An appropriate refusal period is considered to be 7-10 days from the date of the interview.
The missed correct time for refusal puts the employer in an awkward position, disrupts his plans. The result is a loss business reputation, getting into the "black list" of candidates.
The rules for constructing a competent refusal are as follows:
- timeliness. Do not delay the conversation, try to hide from the employer, ignoring phone calls in the hope that the problem will be solved by itself.
- Tact. You should briefly and politely indicate the reasons for the refusal, apologize.
- Lack of emotion. Do not apologize too vigorously for rejection, cause pity in yourself, hoping to adapt to uninteresting work.
- Honesty and frankness. The potential employer has the right to know the reason for the refusal, if it is not of a purely personal nature.
Situations when it is better to hide the true reason for refusal, come up with another explanation:
Important! If you are not satisfied with certain points job responsibilities, you should be frank about this to the recruiter. The employer has the right to meet halfway by changing or eliminating such moments as far as possible.
Conclusion
Timely abandonment of an unattractive position leaves the employer time to look for another candidate, saves him from having to waste time on a useless occupation every day, which does not give a chance to reveal talents and fully demonstrate professional qualities.
05 01 medical biochemistry where to work
Biochemistry who can work
Types of monopolies: natural, artificial, open, closed