Change in material labor conditions: order, sample of order

Managers of some enterprises, having chosen new methods of management, immediately undertake to implement them. At the same time, the legal aspect of implementation is often limited to issuing an order stating that the payment system will henceforth be such and such, and the regime - such and such. This is not enough. The fact is that such actions affect the content of the employment contract. – процесс, требующий особого подхода, и одним распоряжением здесь не обойтись. Changing the essential conditions of work is a process that requires a special approach, and one order can not be dispensed with. Consider the legal aspect of this procedure.

General information

, как, собственно, и в России, регламентируется трудовым законодательством. The change in the essential working conditions in the Republic of Belarus , as in Russia proper, is regulated by labor legislation. From the legal point of view, this process is considered as a variation of the agreement between the employee and the employer. At the same time, the legal regime and its adjustments are between translation and relocation. The difference between them is that in the first case, the consent of the employee is necessary, and in the second case, no.

Stages

, России и некоторых других странах ближнего зарубежья предполагает: The change in the essential working conditions in Belarus , Russia and some other countries of the near abroad suggests:

1. Execution of additional agreement. It will act as an annex to the contract. The agreement is made in 2 copies.
2. документа представлен в статье). Publication of the order on changing the essential conditions of work (a sample of the document is presented in the article).

The employee of the enterprise begins to perform production tasks under the new rules from the moment of signing the supplement. Agreement or from the date specified in it. One important point should be noted here. , без оформления соглашения и издания на его основании распоряжения он не должен приступать к выполнению обязанностей. Even if the employee agrees to change the essential working conditions , without formalizing an agreement and issuing an order based on it, he should not start fulfilling his duties.

Leadership Initiative

работодателем допускается, если в деятельность предприятия были введены технологические или организационные новшества. As Article 32 of the LC states , a change in the essential conditions of work by an employer is allowed if technological or organizational innovations were introduced into the activities of the enterprise. At the same time, they must be documented and justified. предполагают корректировку штатного расписания, графика, содержания коллективного соглашения. Organizational changes in essential working conditions assume an adjustment of the staffing schedule, schedule, content of the collective agreement. The company management can decide to purchase new equipment or move to innovative technologies. Such changes are called, respectively, technological. In such situations, the law establishes a certain procedure for the actions of the manager. The employer issues an order to introduce technological or organizational innovations. After that, he for 1 month. Before the entry into force of the law, notifies each employee concerned about notice of significant changes in working conditions. , России и ряде других стран ближнего зарубежья за неисполнение правил предусматривается ответственность. In the Republic of Belarus , Russia and a number of other countries of the near abroad, liability is provided for non-compliance with the rules.

Employee guarantees

Legislation provides for a number of legal instruments that protect the interests of employees. , работник может дать ответ в течение 1 мес. So, having received notice of a change in material working conditions , the employee can give an answer within 1 month. This is a fairly long period during which the employee can weigh all the pros and cons of future changes. , работодатель обязан предоставить ему другую похожую работу (должность) на этом же предприятии. If a citizen decides to refuse to change the essential conditions of work , the employer must provide him with another similar job (position) at the same enterprise. If this is not possible (there are no available seats, for example), the employee resigns at will. в течение 1 мес., отведенного для принятия решения работником. It should be said that the employer can not make changes to the essential working conditions within 1 month allocated for the decision of the employee. Otherwise, he will have to pay compensation to the employee. The refund is the amount of earnings for the specified month.

Reasons for innovation

требует обосновывать. Substantial changes in working conditions The Labor Code requires justification. The introduction of innovations into the work is allowed due to the production, economic, organizational necessity. Among the main reasons are the following:

• Installation of new machines.
• Introduction of a new form of organization of activities in the enterprise.
• Transition of the company to multi-shift mode.
• Computerization (automation) of production.
• Implementation of resource-saving methods of work.
• Re-profiling of production.

признает увольнение, о котором говорилось выше, незаконным. If the employer has not submitted evidence (substantiation) of significant changes in working conditions, the RF LC recognizes the dismissal, which was mentioned above, unlawful. Accordingly, very unfavorable consequences for the employer can occur. As a rule, the body authorized to consider labor disputes imposes on the management of the enterprise the duty to restore the working conditions of the personnel that existed before. Moreover, the employer will have to pay compensation to the employee for forced absenteeism or performance of lower-paid production assignments. Justification of innovation, therefore, is the duty of the employer. . The reasons for introducing these or other changes are indicated in the order on changing the essential conditions of work . With this document, each employee, who is concerned with the changes, should be familiarized with the painting.

What working conditions are considered essential?

Their list is fixed by the legislation. However, the list is not closed. To the essential conditions, depending on those or other circumstances, it is possible to relate:

• The right to benefits with pensions.
• The remoteness of the enterprise from the place of residence.
• Possibility to use official transport for travel to work.
• The implementation of activities in a particular unit (shop, department, service), stipulated by the employment contract.
• Ability to use holidays and weekends.

Qualification indicators

In some cases, the list of material conditions includes the discharge of an employee. At the same time, it is stipulated that a change in the qualification index may entail the transfer of the employee. Meanwhile, such a condition is contrary to the requirements of the law. The employer has no right 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 introducing an 8-digit (instead of 6-digit) qualification in the entire enterprise. In this situation, it is necessary to apply by analogy the provisions of the legislation on the adjustment of the title of the post, profession. It can not be regarded as significant (although, undoubtedly, important) conditions for the labor function, the employer, the place of work. Their adjustment is recognized, as a general rule, by translation. Changing the conditions of the workplace is considered a move.

Renaming a position (profession)

It is carried out in the case when new characteristics are included in the Unified tariff-qualifying list, and in the reference book for the positions of employees the names change. Simply put, the old names cease to exist - they are replaced by new ones.

An Important Moment

If the position / profession is not only renamed, but also changes are made in the amount of skills, knowledge, functions of the employee, his duties or rights, a transfer to another job takes place. It can only be carried out with the consent of the employee. In the explanations of the Ministry of Labor and Social Protection, it is repeatedly emphasized that the renaming of the profession / position is performed by a specially authorized government agency or the Government. Only on the basis of acts adopted by these structures, the employer changes the names, and not at his own discretion.

Renaming specialties

In legislation, it does not refer to changes in material conditions. Specialties are defined within a particular profession. In this regard, the rules provided for the renaming of professions should be applied.

Transition to a contract

Often citizens, entering the workplace, conclude a contract with the tenant for an indefinite period. Over time, there is a need to make a transition with such employees to a contract. This process refers to the essential condition of the contract. Usually, most of the key aspects of a worker's professional activities are reflected in writing. This may be, in fact, a labor contract or an order (order) issued upon admission to the enterprise or subsequently. In such acts, in particular, the salary, peculiarities of combining professions, the fulfillment of production tasks in the mode of incomplete day or at home (remotely), the title of the post, etc. are specified. In particular, the key conditions are changed in the same order in which they were determined. First of all, corrections are made to the agreement or the order of the head. At the same time, there is a category of changes for which the order is not issued. For example, if you switch from a regular schedule (not fixed for a specific employee in the agreement) to replaceable enough to familiarize the employee with the new regime.

Notification of a change in material working conditions

As mentioned above, the employee should be warned about the upcoming innovations. Within a month allocated to him for making a decision, he must continue to fulfill his production tasks. In case of evasion from them, a disciplinary penalty may be imposed on the employee, up to and including termination of employment. The latter threatens, for example, for absenteeism for disrespectful reasons, systematic failure to perform duties, being in the state of intoxication.

Notification period

The minimum period is 1 month. The maximum time limit does not stipulate the legislation. Accordingly, the notification can be sent to the employee for 1.5, and for 2 or more months. The calculation of the period is made in calendar days.

Refusal of an employee

It leads to the 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, the employee is restored at work. Refusal should be made in writing. In the document it is necessary to indicate all the mandatory requisites (name of the enterprise, name of the director, information about the applicant). In the text, you can limit yourself to the phrase "I refuse to change working conditions". In addition, it is possible to put an appropriate mark on the order for changes. In this case, you can limit yourself to one word "I refuse." It should be noted that the existence of a refusal in the form of an independent document or a signature at the disposal does not mean that the employee can stop working. As mentioned above, it is obliged to continue performing production tasks within the time period allowed by law for notification (i.e., for at least a month).

Controversial moments

Dismissal of an employee is allowed only after the end of the month allocated for notification. In this case, the employee can insist on the earlier termination of the agreement. In the event of non-compliance by the employer with the procedure for changing the essential working conditions, the court is entitled to adjust the date of dismissal so that the legal relationship has been terminated at the end of the one-month period. This provision applies if the employee is not recoverable. In some cases, the employee was notified of the changes, but he was fired before the expiration of the month. In such a situation, the court is entitled to adjust the date of termination of the agreement taking into account the period remaining until the end of the month. The lost earnings are collected from the employer. Legislative powers of the court allow, therefore, to restore the disordered order and to protect the employee's right to advance notice.

Dismissal of an employee before the end of a month period

According to some experts, the head should understand with understanding the desire of the employee to leave the enterprise before the expiry of the month allocated for notification of changes in key working conditions. The reasons for this situation can be different. For example, an employee has reached retirement age, wants to transfer to another enterprise, etc.

Specific situations

For refusing to continue working in the changed conditions of an employee, you can not be disciplined because the law grants him such a right. In some cases, in practice, employers force the personnel of the enterprise to continue working after the expiration of the monthly notice period, and dissenting employees are dismissed. As grounds for terminating the contract in such situations, employers call absenteeism or systematic violation of discipline. What do the courts do in such cases? The institutions that handle the disputes consider that if the issue of the worker's recovery is considered, it will be revealed that the absence is associated with his refusal to work under the changed conditions, and the citizen does not want to continue working, the wording of the dismissal can be changed. Accordingly, the order to terminate the legal relationship is enforced based on the facts of the case.

Conclusion

Illegal change of key working conditions leads to negative consequences for the management of the enterprise. Legislation establishes various provisions guaranteeing the protection of the interests of workers. In case of violation of rights, employees can expect to receive material compensation.