Today we will talk about how a change in the employment contract is considered significant, and in which case and how it can be implemented.
So, the essential conditions are the conditionsprescribed in the Labor Code, as well as those that are recognized as such by a specific employment contract at the enterprise. The Labor Code recognizes the place of work and specifically designated place of employment in accordance with the qualifications, the dates of commencement and completion of work, as well as the conditions under which the work is paid. These points are mandatory for inclusion in the contract, and in the absence of agreement on any item the labor agreement can not be concluded. Let us explain in a little more detail what these conditions include.
Place of work - the exact location and name of the organization must be indicated.
Type of work - the functions of the new employee with the obligatory stipulation that they remain constant throughout the entire employment contract.
Deadlines for commencement and completion of work - it is also important to indicate here that the employee will begin to fulfill his duties immediately after the conclusion of the contract or after the time specified by the parties.
Payment terms - information about the applicable tariff rate, salary; it also indicates the type of employment agreement - fixed-term, seasonal, etc.
Changes in material conditions of employmentthe contract specified above implies a change in organizational (transfer due to restructuring, for example) or technological working conditions (this, for example, the introduction of a new technological process). Such changes are allowed only with the written consent of the employee and the head. In the Labor Code we find an important note: a change in the employment contract (its mandatory conditions) should not entail a worsening of the position of the employee.
Please be aware that significant conditions apply.even in the absence of a written labor agreement, if the employee is already in fact allowed to perform his duties. This means that a change in the employment contract, even if it was not drafted on paper, in terms of the described conditions, also cannot be carried out by the employer only on his initiative without the consent of the employed person. The period in which the employee must be notified of such changes is 2 months. At the same time, for religious organizations and individuals as an employer, the same period was reduced to 14 days.
The Labor Code of the Russian Federation stipulates certain conditions under whichpossible to change the employment contract at the initiative of the employer. If the changing material conditions are not related to the labor function, the basis for their change may be new working conditions (mastering another technology or changing the operating mode of the entire enterprise). An exception is the situation when there is a threat of mass dismissal of employees. In this case, such a measure as a shortened working day can be implemented for up to 6 months. by decision of the employer. The opinion of the trade union body should be taken into account, but the decision is made by the head of the organization.
In practice, the most questions are, maybewhether the transfer of an employee to another place of work is regarded as a change in the employment contract. Here you can consider a few special cases. If we are talking about transferring to a permanent job in another organization, changing the owner or removing an employee from work, they are not talking about changing the conditions of the current labor agreement, but about the termination of the old one and, possibly, the conclusion of a new one. As for the transfer of an employee to another permanent job within the same organization, the Labor Code of the Russian Federation considers it a change in the labor function, and therefore, the essential terms of the labor agreement. Of course, when drawing up a contract with an employee, his job function should be clearly marked. A job change with a change in work function may not be associated. These cases are also specified in the Labor Code (Art. 57, second part).
Amendment of employment contractadditional conditions, including test lines, additional insurance, the obligation to work out the specified period after training at the expense of the company, etc., is also allowed only by mutual agreement of the parties.
