Change in the employment contract: significant and additional conditions.
Today, we will talk about what a change in the employment contract is considered essential, and in what case and how it can be realized.
So, essential conditions are conditions,registered 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 the specified place of employment in accordance with the qualifications, terms of commencement and completion of work, as well as the conditions under which labor is paid, with essential or mandatory conditions. These moments are obligatory 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 should be indicated.
The type of work is a function of a new employee with the obligatory reservation that they remain constant throughout the entire employment contract.
Terms for the beginning and completion of work - it is important to specify also, the employee will start his duties immediately upon conclusion of the contract or through the time agreed by the parties.
Terms of payment - information on the applied tariff rate, salary; Here the type of the labor agreement is indicated - urgent, seasonal, etc.
Change in material conditions of employmentof the contract specified above, involves changing the organizational (transfer in connection with the restructuring, for example) or technological working conditions (this, for example, the introduction of a new technological process). Such changes are permitted only if written consent of the employee and the manager is given. In the Labor Code we find an important note: the change in the employment contract (its obligatory conditions) should not entail a deterioration of the position of the employee.
It should be noted that the essential conditions applyeven in the absence of a written labor agreement, if the employee is already actually allowed to perform the duties. So, the change in the employment contract, even if it was not drawn up on paper, in terms of the conditions described also can not be carried out by the employer only on his initiative without the consent of the employee. The period in which the employee is to 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 RF TC specifies certain conditions under whichit is possible to change the employment contract on the initiative of the employer. If the changed essential conditions with the labor function are not connected, the basis for their replacement may be new working conditions (the adoption of another technology or the change in the mode of operation 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 shorter working day can be implemented for up to 6 months. at the employer's discretion. 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, most questions are raised, canwhether the transfer of an employee to another place of work is regarded as a change in the employment contract. Here we can consider several particular cases. If it is a question of moving to a permanent job in another organization, changing the owner or removing the employee from work, they are not talking about changing the terms of the current labor agreement, but about the termination of the old and, possibly, the conclusion of a new one. As for the transfer of an employee to another permanent job within the same organization, the RF LC considers a change in the labor function, and hence, of the essential conditions of the employment agreement. Of course, when drafting a contract with a hired man, his labor function should be clearly marked. The change of position with a change in the labor function may or may not be related. These cases are also stipulated in the TC (Article 57, part two).
Change in the employment contract in partadditional conditions, including test lines, additional insurance, the obligation to work out the specified period after training at the expense of the firm, etc., is also allowed only by mutual agreement of the parties.