Article 74 of the Labor Code of the Russian Federation comments. Changes in essential working conditions. Terms and conditions of the employment contract that can be changed

The employer is obliged to notify the employee in writing not later than two months in advance of the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by this Code.

If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or refusal of the employee from the offered work, the employment contract is terminated in accordance with.

In the event that the reasons specified in part one of this article may lead to a mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulatory acts, introduce part-time work (shift) and (or) part-time work week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with. In this case, the employee is provided with appropriate guarantees and compensation.

The cancellation of the part-time (shift) and (or) part-time work week before the period for which they were established is made by the employer, taking into account the opinion of the elected body of the primary trade union organization.

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.

Commentary on Art. 74 of the Labor Code of the Russian Federation

1. Changes to the terms of the employment contract (with the exception of changes in the employee's labor function) determined by the parties are possible due to changes in the organizational or technological working conditions by the employer with prior written notification of the employees no later than two months in advance.

2. If the employee does not agree with the new working conditions and there are no vacancies for him (including lower paid ones), taking into account the health status of the employee or the employee's refusal from the offered job, labor relations are terminated by (see the commentary to this article).

3. The criteria for mass dismissal, in which the employee must be provided with appropriate guarantees and compensation, are determined in sectoral (intersectoral) and (or) territorial agreements, taking into account the provisions established by the Resolution of the Council of Ministers - Government of the Russian Federation of February 5, 1993 N 99 "On organization of work to promote employment in conditions of mass liberation "(SAPP. 1993. N 7. Art. 564).

4. Changes to the terms of the employment contract determined by the parties in accordance with the rules of Art. 74 Labor Code should not worsen the situation of workers in comparison with the collective agreement, agreement.

Second commentary on Article 74 of the Labor Code

1. A change in the terms of an employment contract determined by the parties is possible not only when transferring to another job, but also as a result of changes in the organizational and technological working conditions, which we call a conditional transfer (that is, only with the indicated organizational and technical changes). In this case, the labor function of the employee should not change, i.e. he continues to work in the same position, in the same specialty, qualifications, but with a change in other essential terms of the contract (system and amount of remuneration, benefits, working hours, etc.). With all changes to the employment contract, its terms should not be contraindicated for the health of the employee.

2. Changes to the terms of the employment contract determined by the parties while continuing to perform the same job function is allowed on the initiative of the employer only when there have been changes in the organizational or technological working conditions, i.e. the technique, the organization of jobs, labor, production technology have changed. Otherwise, the employer has no right to change the essential working conditions of the employee. If a dispute arises, the court, having found that no changes have occurred in the organization or work technology, will oblige the employer to restore the previous essential conditions of the employee's employment contract.

3. The employee must be notified in writing by the employer about the specified changes in the terms of the employment contract determined by the parties. He must make this notification no later than two months before the introduction of changes, unless otherwise provided by the Code or other federal law. Changes to the essential terms of the employment contract cannot be introduced if they worsen the employee's position in comparison with the terms of the collective agreement, social partnership agreement.

Trade union labor inspectors, authorized (authorized) persons for labor protection of trade unions have the right to take part in the consideration of labor disputes related to changes in working conditions, non-fulfillment of obligations under collective agreements, agreements (see it).

4. If the employee does not agree to continue working in the new conditions, then, as indicated in Part 3 of Art. 74, the employer is obliged in writing to offer him another job available in the organization, corresponding to his qualifications and state of health (as well as not prohibited for women, minors, when the essential conditions of their work change). In the absence of such work, a vacant lower-paid job (or a lower-level position) should be offered, which the employee can perform, taking into account his qualifications and state of health. In the absence of such work or in case of refusal of the employee, he is dismissed under clause 7 of Art. 77 of the Labor Code of the Russian Federation.

5. Part 5 of Art. 74 of the Labor Code of the Russian Federation provides that if the circumstances of Part 1 of this Article, i.e. changes in organizational or technological working conditions may lead to mass dismissal of workers; in order to preserve jobs, the employer has the right, taking into account the opinion of the organization's trade union committee, to introduce part-time work for up to six months. This is a new provision in the Code. It eases the position of the employer with the introduction of advanced technologies and methods of labor organization, modification of production. At the same time, it worsens the situation of workers transferred to.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, his employment contract is terminated due to staff reduction, the number under paragraph 2 of Art. 81 of the Labor Code with the provision of appropriate guarantees and compensations (see to it).

The cancellation of the part-time regime by the employer is made with a preliminary request and taking into account the opinion of the trade union committee of the organization.

RULES FOR TRANSFERING AN EMPLOYEE TO ANOTHER WORK IN CONNECTION WITH CHANGES IN WORKING CONDITIONS

Adjustment of the conditions of the relationship between the employee and the employer established when concluding an employment contract is a matter of time: changes in the economy and technology, in law and the social sphere inevitably affect labor relations. In order to comply with their interests and achieve certain goals in new circumstances, the employer is forced to change the terms of employment contracts agreed with the employees.
The right to revise the terms of an employment contract as a reaction to a serious change in the external (social, economic, legal) or internal (resource-technological) environment was also recognized by the legislator during the validity of the Labor Code of the Russian Federation. during the negotiation of the terms of the employment contract is objectively necessary to ensure the continuity of the employer and its development.
However, in order to prevent unjustified infringement of the labor rights of workers and to avoid abuse by the employer of the right granted to him, the legislator put forward a number of conditions in the Labor Code of the Russian Federation, which must be complied with by the employer. Let's consider them in detail.

Procedure for changing the terms of employment contracts

According to the first part of Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be preserved, it is allowed their change at the initiative of the employer, with the exception of changes in the employee's labor function.
Clarified in accordance with Federal Law of 30.06.2006 N 90-FZ "On Amendments to the Labor Code of the Russian Federation, recognition of some normative legal acts of the USSR as invalid on the territory of the Russian Federation and invalidation of some legislative acts (provisions of legislative acts) of the Russian Federation" the normative provision determining the conditions of transfer at the initiative of the employer, thanks to examples of organizational or technological changes in working conditions, of course, will reduce disputes as to whether the planned changes are sufficient grounds for changing the terms of the employment contract, but it will not completely exclude them: we believe that, like before, workers, state labor inspectors and judges will evaluate the employer's decisions to adjust labor relations differently, since technological changes are not limited to changes in technology and production technology, but organizational structural reorganization of production state.
The Plenum of the Supreme Court of the Russian Federation in its Resolution of 17.03.2004 N 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation" their certification.
In our opinion, the list of technological changes can be supplemented by such changes as the reconstruction of production, the introduction of new production (technological) equipment, the introduction of new technological processes, a change in the rules for the operation of equipment, etc. the introduction of new work regimes (for example, multi-shift work), changes in the wage system, labor rationing systems, redistribution of tasks and areas of responsibility between structural divisions, etc.

The fundamental difference between the previous edition of the first part of Article 73 and the current edition of the first part of Article 74 of the Labor Code of the Russian Federation, regulating labor relations in case of organizational or technological changes in working conditions, and the editions of paragraph 7 of the first part of Article 77 of the Labor Code of the Russian Federation is that since October 2006 year, the employer can change any term of the employment contract, determined by the parties, regardless of its significance for the parties, that is, without taking into account the "materiality". Thus, under the current legal regulation, it does not matter which condition changes the mandatory (by virtue of part two of Article 57 of the Labor Code of the Russian Federation) or additional (by virtue of part four of Article 57 of the Labor Code of the Russian Federation), key or secondary. The only condition that the employer cannot change, referring to organizational or technological changes, is the labor function. Recall that in accordance with the second part of Article 57 of the Labor Code of the Russian Federation, the labor function is understood as work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee. Thus, no matter what changes in the organizational or technological plan the employer plans, the names of positions, professions, specialties and the corresponding labor duties should remain unchanged.
The rest of the terms of the employment contract, determined by the parties, can be changed. The terms of the employment contract, which in practice are most often affected by organizational or technological restructuring, include:
1) a condition on the place of work (usually, its change is expressed in a change in the structural unit in which the employee performs work). Moreover, in the conditions for the legislator to create conditions for internal labor migration (by prohibiting the establishment of direct or indirect benefits when concluding an employment contract depending on the place of residence (including the presence or absence of registration at the place of residence or stay)), we believe that employers and employees more and more often they will come to an agreement on changing the location of their work (for example, by transferring from one separate structural unit located in one locality (taking into account the administrative-territorial division) to another located in another locality). However, the most common is still a change in the place of work, defined by a non-separate (functional) structural unit (workshop, department, etc.);
2) the conditions of remuneration (mainly the size of the wage rate or salary (official salary) of the employee, the types and amounts of additional payments, allowances and incentive payments);
3) the mode of working hours and rest time (if it was specially established for this employee due to the fact that it differs from the general rules in force for this employer);
4) additional compensations to those established by law for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions;
5) the conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work).
With the new legal regulation, it should also be assumed that the employer, guided by the first and third parts of Article 74 of the Labor Code of the Russian Federation, may have an interest in changing the conditions on the duration of the employment contract (both upward (i.e., extension) and downward ( that is, reductions, but within the overall period).
Organizational or technological conditions may in principle lead to a change in the so-called additional conditions of the employment contract. For example:
1) conditions for non-disclosure of secrets protected by law - state, official, commercial and other (in particular, due to the termination of the employer's performance of work related to the secret protected by law);
2) the conditions on the obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer (in particular, in the case when the employer, due to organizational (financial) changes, stops paying for the employee's training);
3) conditions on the types and procedure for additional insurance of the employee (in particular, as a result of the revision of insurance programs as a result of changes in the wage system and social package);
4) on the improvement of the social and living conditions of the employee and his family members (they mainly change for the above reasons in connection with the revision of the wage systems and the corporate social package as a whole).
The conditions of the employment contract, such as the condition on compulsory social insurance of the employee, on the types and amounts of compensation for hard work and work with harmful and (or) dangerous working conditions (if the employee performs his labor function under the specified conditions), cannot be changed, since they are derivatives and are established in accordance with the Labor Code of the Russian Federation, other federal laws and regulations. Recall that, by virtue of part two of Article 9 of the Labor Code of the Russian Federation, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms; if such conditions are included in the employment contract, then they are not applicable.
In this aspect, we consider it necessary to emphasize that in practice employers most often forget about the requirement formulated by the legislator in part eight of Article 74 of the Labor Code of the Russian Federation (in the previous version of the Code in part eight of its Article 73), namely that the changes determined by the parties terms of an employment contract, introduced in connection with a change in the organizational or technological conditions of work, should not worsen the position of the employee in comparison with the established collective agreement, agreements. If the need for organizational or technological changes is significant and inevitable and such changes cannot be made without worsening the terms of employment contracts in comparison with those established by the collective agreement, then the employer must first amend the collective agreement and only then proceed with the procedures provided for in Article 74 of the Labor Code. RF Code

In the event that the changes planned by the employer lead to a worsening of the employee's position in comparison with the established agreement, the employer cannot influence the situation at all, unless he takes actions as a result of which the relevant agreement will not apply to him.
Since workers are demonstrating an increasing legal preparedness in protecting their labor rights, we consider it necessary to draw special attention of employers to actions to amend labor contracts in the context of the relevant agreement.
Still a significant part of employers believe that those documents in the sphere of labor that they have not signed do not apply to them and are not binding. This is a misconception that can cause the employer to prosecute and disputes with employees.
According to parts three and four of Article 48 of the Labor Code of the Russian Federation, an agreement (that is, in accordance with part one of Article 45 of the Code, a legal act regulating social and labor relations and establishing general principles for regulating related economic relations, concluded between authorized representatives of employees and employers on the federal , interregional, regional, sectoral (inter-sectoral) and territorial levels of social partnership within their competence) acts in relation to:
1) all employers who are members of the employers' association that has entered into an agreement. Termination of membership in an employers' association does not exempt the employer from fulfilling the agreement entered into during the period of his membership. An employer who joined an employers' association during the term of the agreement is obliged to fulfill the obligations stipulated by this agreement;
2) employers who are not members of the employers' association that entered into an agreement, who authorized the said association on their behalf to participate in collective bargaining and conclude an agreement or joined the agreement after its conclusion;
3) bodies of state power and bodies of local self-government within the limits of their obligations.
In relation to employers of federal state institutions, state institutions of the constituent entities of the Russian Federation, municipal institutions and other organizations financed from the respective budgets, the agreement is also valid if it is concluded on their behalf by the relevant state authority or local self-government body.
By virtue of part seven of Article 48 of the Labor Code of the Russian Federation, at the suggestion of the parties to the sectoral agreement concluded at the federal level, the head of the federal executive body responsible for the development of state policy and legal regulation in the field of labor (in the current legal situation, this is the Minister of Health and Social Development of the Russian Federation ), has the right, after the publication of the agreement, to invite employers who did not participate in the conclusion of this agreement to join this agreement. This proposal is subject to official publication in the "Rossiyskaya Gazeta" (in accordance with the Procedure for publishing industry agreements concluded at the federal level and proposals for joining the agreement approved by Order of the Ministry of Health and Social Development of Russia dated April 12, 2007 N 260) and must contain information about the registration of the agreement and the source its publication (the official source of publication of the agreement is the journal Trud i Strakhovanie; in addition, the text of the agreement should be posted on the official website of the Ministry of Health and Social Development of Russia ( www.mzsrrf.ru ). If employers operating in the relevant industry, within 30 calendar days from the date of the official publication of proposals to join the agreement, have not submitted to the federal executive body responsible for the development of state policy and legal regulation in the field of labor, a motivated written refusal to join to it, then in accordance with part eight of Article 48 of the Labor Code of the Russian Federation, the agreement is considered extended to these employers from the date of the official publication of the proposal. Thus, only if the employer takes actions to "withdraw" himself from the action of the relevant agreement, he can consider that neither he nor his employees are subject to the obligations assigned to the employers by the said agreement. Moreover, these actions must be very active and decisive. In particular, by virtue of the norm in question, to a written refusal sent to the Ministry of Health and Social Development of Russia, the employer must attach a protocol of his consultations with the elected body of the primary trade union organization uniting the employees of this employer. However, the direction of these documents may not be enough to achieve non-proliferation of the action of the relevant agreement. Part nine of Article 48 of the Labor Code of the Russian Federation provides that if the employer refuses to join the agreement, the Minister of Health and Social Development of the Russian Federation has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting employees of this employer for consultations with the participation of representatives of the parties to the agreement ; at the same time, representatives of the employer, representatives of employees and representatives of the parties to the agreement are obliged to take part in these consultations under the threat of administrative liability in accordance with Articles 5.28 and 5.30 of the Code of the Russian Federation on Administrative Offenses.

Finally, one more point should be noted: by virtue of parts five and six of Article 48 of the Labor Code of the Russian Federation, the agreement applies to all employees who are in labor relations with employers who are covered by this agreement; in cases where employees are subject to several agreements at the same time, the terms of the agreements that are most favorable to the employees apply.
Thus, before an employer starts changes leading to a change in the terms of employment contracts in the manner specified in Article 74 of the Labor Code of the Russian Federation, he needs to establish whether the relevant agreement in the field of labor applies to him, and if it does, then compare its provisions with the planned ones. changes in the terms of employment contracts. If the situation of employees worsens in comparison with this agreement, the employer should abandon the planned changes or adjust them so as to ensure compliance with part eight of Article 74 of the Labor Code of the Russian Federation
To confirm the seriousness of what has been said, we consider it necessary to draw the attention of employers to how important the norm of part eight of Article 74 of the Labor Code of the Russian Federation is: the Plenum of the Supreme Court of the Russian Federation, giving explanations to the courts on the application of the Labor Code of the Russian Federation in the aforementioned Resolution of 17.03.2004 N 2, he especially recommended to the courts when considering a case on the reinstatement of persons at work, the employment contract with whom was terminated under paragraph 7 of the first part of Article 77 of the Code (refusal to continue work in connection with a change in the terms of the employment contract determined by the parties), or on the recognition of illegal changes in the terms of the employment contract determined by the parties when if the employee continues to work without changing the labor function (article 74 of the Labor Code of the Russian Federation), take into account that, based on article 56 of the Civil Procedure Code of the Russian Federation, the employer is obliged, in particular, to provide evidence confirming that the change in the terms of the employment contract determined by the parties:
a) was the result of changes in organizational or technological working conditions, for example, changes in technology and production technology, improvement of workplaces on the basis of their certification, structural reorganization of production;
b) did not worsen the position of the employee in comparison with the terms of the collective agreement, agreement.
In the absence of such evidence, the termination of the employment contract under paragraph 7 of the first part of Article 77 of the Code or the change in the terms of the employment contract determined by the parties in accordance with Article 74 of the Code, as explained by the Plenum of the Supreme Court of the Russian Federation, cannot be recognized as lawful.
In practice, the following condition, the observance of which is checked by the courts (in addition to those listed in paragraphs "a" and "b"), is the employer's fulfillment of the obligation to notify in writing the employees whose labor contracts are planned to be revised about the upcoming changes in the terms of labor contracts determined by the parties ... In accordance with part two of Article 74 of the Labor Code of the Russian Federation about the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, the employer is obliged to notify the employee in writing no later than 2 months, unless otherwise provided by this Code ...

The timing of the employee's notification is determined according to the rules set out in Article 14 of the Labor Code of the Russian Federation, according to which:
a) the course of the terms with which this Code connects the emergence of labor rights and obligations begins from the calendar date, which determines the beginning of the emergence of these rights and obligations;
b) terms calculated in months expire on the corresponding date of the last month of the term;
c) non-working days are included in the period calculated in calendar days;
d) if the last day of the term falls on a non-working day, then the next working day following it shall be considered the day of the end of the term.
Analyzing the content of the second part of Article 74 of the Labor Code of the Russian Federation, it is necessary to draw the attention of employers to the novelty: if, in accordance with the previous edition of Article 73 of the Labor Code of the Russian Federation, the employer was obliged to inform the employee only about the upcoming changes in the terms of the employment contract, then in accordance with the provisions of Article 74 of the Code, set out in the new edition, now he is also obliged to inform the employee of the reasons that caused the need to change the terms of employment contracts.
Since the content of such a notice is not established at the regulatory level, the employer determines it independently. With this in mind, the following provisions should be included in the notification form:
a) about the reasons that caused the need to change the terms of a specific employment contract;
b) on the terms of the employment contract, which are subject to change, and the content of these changes;
c) on the date of introduction of the planned changes in the terms of the employment contract;
d) on the period during which the employee must make a decision to continue working in the new conditions or to terminate it.
Based on practice, we also recommend employers to include in the notification a clause on the obligation of the employee to express his decision in writing regarding the upcoming changes (in this case, it is advisable to tell the employee that such a decision can be stated by him directly in the notification (if the form provides a place for the employee to express his will) or in a separate document (for example, in a statement)). Forms of notifications, consisting of several separable parts, one of which is intended for the employee to express his decision, are quite convenient.
In small organizations, employee notifications are signed directly by the head of the organization. In organizations in which personnel services are formed, or with a staff of more than 100 people, these functions are delegated by order (order) of the head of the organization to the deputy head of the organization for personnel or the head of the personnel service (manager for personnel).
It should be noted that, unlike other changes in the terms of employment contracts, for example, caused by a reduction in staff or the number of employees, the legislator did not require notifying employees of upcoming changes in the terms of employment contracts in the manner prescribed by Article 74 of the Labor Code of the Russian Federation, against signature (like this, for example, it was done in the second part of article 180 of the Labor Code of the Russian Federation). At first glance, this simplifies the work of the personnel department, since it is not required to receive written confirmation of the fact that the employee has been notified. However, as practice shows, the absence of an employee's signature confirming the fact of delivery of a notice of upcoming changes to the terms of the employment contract, in the event of disputes regarding the legality of dismissal under paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation, is interpreted in favor of the employee.
In order to avoid misunderstandings and disputes with employees, the notice must be drawn up in two copies, one of which must be issued to the employee against signature, the second must remain in the personnel service. In the event that, in accordance with the notification form, the employee must express his decision directly in the notification (in a specially designated place), the copy issued to the employee must be returned to the personnel department.
If the office work system in the organization provides that the employee's decision regarding the upcoming changes should be expressed in a separate document, it is advisable for the personnel service to develop a stencil (unified) application form or draw up an approximate sample that the employee will be guided by when drawing up his application. At the same time, it is highly desirable that from the employee's statement it was possible to establish with which changes in the terms of the employment contract the employee agreed or disagreed.
If the employee refuses to put his signature in the notification of upcoming changes, the personnel department should draw up an appropriate act.
If the employee agrees to continue working under the new conditions, the parties must sign an agreement to amend the employment contract. On its basis, the personnel service prepares an order (order) to change the terms of the employment contract determined by the parties.
If the employee refuses to continue working in the new conditions, the employer, guided by part three of Article 74 of the Labor Code of the Russian Federation, is obliged in writing to offer him another job available to the employer (both a vacant position or job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job) , which 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 that meet the specified requirements that he has in the area; the employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.
Due to the fact that the procedure for offering an employee another job is not time-regulated, in practice it becomes difficult to determine the number of offers and the time frame during which an employee can be offered a transfer to another job. We believe that the employer can try to manage these deadlines by setting the time for the employee to express his decision regarding both the new working conditions and the proposed job. The employer can also put forward a proposal for a transfer at the same time as the notification, that is, without waiting for the employee's decision regarding the upcoming changes.
The employer can also be passive: after notifying the employee about the upcoming changes, he can wait for the employee's decision until the end of the allotted period and, only if the employee refuses to continue working in the new conditions, make him a new job offer.
In most organizations, an offer to an employee for another job is drawn up as a separate document. Such a document contains the name of the position (profession, specialty) that is offered to the employee, lists the main of the new terms of the employment contract and indicates the period during which the employee must express his attitude to the transfer. If the employer can offer the employee several positions (professions, specialties), then they are indicated in the proposal with a note that the employee has the right to choose a position (profession, specialty).
If the personnel service is ready to offer the employee a transfer to another job at the time of making a decision on changes in the terms of the employment contract, then the list of positions or professions offered to the employee can be given directly in the notification of upcoming changes. However, including in the text of the notice about the introduction of changes in working conditions, a notice of the absence of vacancies and the offer of a new job, it must be remembered that the situation may change, and by the expiration of the warning period about upcoming changes in the organization, vacant positions or places may appear and the existing ones may be filled.
If the employee expresses his refusal to continue work in connection with a change in the terms of the employment contract determined by the parties in the manner set out in part four of Article 74 of the Labor Code of the Russian Federation (including transfer to another job), the employer has the right to terminate the employment contract under clause 7 of part one Article 77 of the Labor Code of the Russian Federation It should be noted that the fourth part of Article 74 of the Code does not coincide with paragraph 7 of the first part of Article 77 of the Code: the first rule provides that the employment contract is terminated in the absence of work, the transfer to which could be offered to the employee, or in the event of the employee's refusal to the proposed work, and the second, that the employment contract is terminated if the employee refuses to continue working in connection with a change in the terms of the employment contract determined by the parties. However, it does not change the essence of the change in legal relations, since in the fourth part of Article 74 of the Labor Code of the Russian Federation, the consequences of the actual reason for the change in labor relations are named, the employee's disagreement to work in the new conditions.
Upon dismissal due to the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties (clause 7 of part one of article 77 of the Labor Code of the Russian Federation), in accordance with part three of article 178 of the Labor Code of the Russian Federation, he is paid severance pay in the amount of 2-week average earnings ...
If the employee agrees to the transfer, the personnel service prepares draft supplementary agreements to the labor contract, which reflect the changes agreed by the parties, as well as the order (instruction) to transfer to another job according to the unified form N T-5, approved by the Resolution of the State Statistics Committee of Russia dated 05.01.2004 N 1. After the parties sign the agreement, the head of the organization or another authorized person signs the named order (order), on the basis of which a corresponding entry is made in the employee's work book.

D.L. SHCHUR, L.V. SHCHUR-TRUKHANOVICH

DL Shchur, Head of the Legal Department, Business and Service Publishing and Consulting Center.

Shchur-Trukhanovich L.V., specialist in labor law and labor economics, Ph.D.

[Labor Code of the Russian Federation] [Chapter 12] ✍ Read the comment to the article

In the case when, for reasons related to changes in the organizational or technological conditions of work (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, it is allowed to change them at the initiative of the employer, with the exception of changes in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance of the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by this Code. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In the event that the reasons specified in part one of this article may lead to a mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulatory acts, introduce part-time work (shift) and (or) part-time work week for up to six months. If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation. The cancellation of the part-time (shift) and (or) part-time work week before the period for which they were established is made by the employer, taking into account the opinion of the elected body of the primary trade union organization. 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.

Legal advice under Art. 74 of the Labor Code of the Russian Federation

Konstantin Semiotrochev

Hello, tell me Article 74 of the Russian Federation is suitable for women with children under 14 years old?

Eduard Khokhlenkov

Hello! Can an employee be reduced by 0.5 rates a year before retirement.

The answer to the question was given by phone

Bogdan Ugolnikov

The employer issues an order to reduce the official salary, I do not agree. He gives me a notice of a change in salary, where it indicates if I disagree, then I will be dismissed after 2 months article 77 part 1 paragraph 7 or article 77 part 1 paragraph 1

The answer to the question was given by phone

Maxim Serganov

How to correctly understand Article 74 of the Labor Code - “the duration of a transfer to another job to replace an absent employee cannot exceed 1 month during a calendar year (from January 1 to December 31). And different comments say there can be as many such transfers up to 1 month.

The answer to the question was given by phone

Roman Lodochnikov

in how many days is the employer obliged to notify the employee about the change in the schedule? I work in a clothing store and it became interesting. The schedule is drawn up a week in advance, but it so happens that the change is warned a day before the shift. If possible with a link to shopping mall.

Lawyer's answer:
I understand that you work in shifts? And the employer changes the shift schedule? If so, then he is obliged to warn about the change in the shift schedule 1 month in advance (. before 19-00 "), this is considered a change in working conditions. In principle, such a change must be notified 2 months in advance (Article 74 of the Labor Code).

Alla Gerasimova

are eligible to reduce the full rate to 0.75 ???. If a person works full-time, can their rate be reduced to 0.75 ??? on what grounds can. And yet, I heard that it seems that if there is a mortgage loan, then they do not have the right to reduce. Is it so???

Lawyer's answer:

Christina Denisova

The employer has notified of a reduction in working hours. Accordingly, the already small salary will decrease .. Is this legal? I do not agree to a salary cut. What is the right thing to do? What are my rights? Looking for another job is not an option.
- Lawyer's answer:
  The introduction of a part-time regime on the initiative of the employer is permissible only in the case provided for in article 74 of the Labor Code. Namely, if there are changes in the organizational or technological working conditions, and these reasons may lead to mass dismissal of workers. The period for which the reduction of the regime on the initiative of the employer is allowed is strictly limited - it cannot exceed 6 months. The employer is obliged to notify employees of the upcoming changes in the terms of the employment contract. In addition, the reasons for the change need to be communicated. In this case, the employee's consent is not required, you just need to get a signature that the employee is familiar with the upcoming changes. But the refusal must be in writing. The employee has the right not to agree to part-time work. In this case, the employer must, in writing, offer the subordinate another, existing job that the employee will be able to perform taking into account the state of his health, including a lower position or lower-paid work (Article 74 of the Labor Code of the Russian Federation). If there are no vacancies or the employee refuses offers, the employment contract with him is terminated in accordance with clause 7 of part 1 of article 77 of the Labor Code - the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties.

Yaroslav Lobashkov

reduction in salary. is it possible to reduce the salary of working pensioners and part-time workers? Is the procedure the same as for key workers?

Lawyer's answer:
"Salary", as you put it, is one of the essential conditions of an employment contract (Art. 57 of the Labor Code of the Russian Federation). In accordance with article 72 of the Labor Code of the Russian Federation, it is allowed only by agreement of the parties to the employment contract. Which of the working pensioners will voluntarily agree to lower the "salary"? They, as well as "normal" workers, are covered by the guarantees of the Labor legislation of the Russian Federation. Otherwise - discrimination. However, the owner is a master. This is me about the employer. To optimize the organization's fulfillment of statutory goals and objectives, he can reshape the staffing table, including "salaries". In accordance with Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in the organizational or technological conditions of work (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be preserved, it is allowed their change at the initiative of the employer, with the exception of changes in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance of the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by this Code. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In this case, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation

Anastasia Guseva

And if at the enterprise the director only raises the salary for himself and his relatives, can you somehow pinch him?

Lawyer's answer:
The Labor Code of the Russian Federation does not prohibit setting different salaries for employees holding the same position. It is only said that the salary should depend on the qualifications of the employee, the complexity of the work performed by him and the quality of work (Article 132 of the Labor Code of the Russian Federation, Article 132 of the Labor Code of the Russian Federation, Article 135 of the Labor Code of the Russian Federation). These can be bonuses for work experience, education (including knowledge of the language), the amount of work done, etc. In this case, the employer is not limited by anything. The criteria for which employees are entitled to allowances should be detailed in the collective agreement or other local document. The size of the salary is prescribed in the employment contract as its prerequisite (paragraph 5, part 2 of article 57, article 135 of the Labor Code of the Russian Federation). As a general rule, an organization can change the mandatory terms of an employment contract (including salary) only with the consent of the employee (Article 72 of the Labor Code of the Russian Federation). In this case, it is necessary to draw up an additional agreement to the employment contract and an order from the manager to change the staffing table. In some cases, the organization has the right to amend the terms of the employment contract without the consent of the employee. This is allowed when the previous conditions (including the size of the salary) cannot be maintained due to: - changes in technology and production technology (for example, the introduction of new equipment, which led to a decrease in the employee's workload); - structural reorganization of production (for example, the exclusion of any stage of the production process); - other changes in the organizational or technological working conditions, which led to a decrease in the employee's workload. At the same time, it is forbidden to change the employee's labor function. In addition, the organization can reduce the salary not lower than the level established by the collective agreement (agreement), if the collective agreement (agreement) contains the appropriate conditions. This is stated in parts 1 and 8 of article 74 of the Labor Code of the Russian Federation. Therefore, if there is such a discrediting, it is necessary to fight, but not only one, but all. Write to the tax office, to whom the organization is subordinate, to the trade union.

Marina Sergeeva

The main features of the calculation of salary in modern conditions ". Asked to write a work on" The main features of the calculation of salary in modern conditions. "It is very necessary. Describe at least in short.

Lawyer's answer:
Write at least about this: The salary of an employee who has worked the norm of time in a month and fulfilled the labor standards (labor duties) should not be less than the minimum wage (minimum wage). From June 1, 2011, the minimum wage is 4,611 rubles. per month. Previously, the minimum wage was equal to 4330 rubles. , that is, it increased by 281 rubles. This is the first change in the minimum wage after January 1, 2009. In their regions, by regional agreements on the minimum wage, the executive authorities of the constituent entities of the Russian Federation have the right to establish a different value, which may be higher than the federal one (Article 133.1 of the Labor Code of the Russian Federation). The structure of wages (wages) includes the following elements: - remuneration for labor; –Compensation payments (for example, additional payments and allowances for work in conditions deviating from normal, work in special climatic conditions, etc.); - incentive payments (bonuses and other incentive payments). This is stated in part 1 of article 129 of the Labor Code of the Russian Federation. The size of the subsistence minimum for the country as a whole is set by the Government of the Russian Federation on a quarterly basis. So, for the first quarter of 2011, the subsistence minimum was set in the following amounts: - per capita - 6473 rubles. ; - for the able-bodied population - 6986 rubles. ; - for pensioners - 5122 rubles. ; - for children - 6265 rubles. Such data are determined by the decree of the Government of the Russian Federation of June 14, 2011 No. 465. The executive authorities determine the subsistence minimum for each region separately. You can find out its value, for example, from the official press or on the websites of the administrations of the corresponding constituent entity of the Russian Federation. This procedure follows from Article 133 of the Labor Code of the Russian Federation and Articles 4 and 7 of the Law of October 24, 1997 No. 134-FZ. The Labor Code of the Russian Federation does not prohibit setting different salaries for employees holding the same position. It is only said that the salary should depend on the qualifications of the employee, the complexity of the work performed by him and the quality of work (Article 132 of the Labor Code of the Russian Federation). However, the personal setting of salaries cannot be arbitrary (resolution of the Presidium of the Supreme Court of the Russian Federation of August 31, 1994). Therefore, if an organization sets different salaries for employees holding the same positions, job descriptions should establish different responsibilities for them. And in the staffing table, provide for various categories of positions. For example, you can enter positions: payroll accountant, fixed asset accountant, salesperson, senior salesperson, and so on. You can pay employees different amounts without changing the salary. That is, the salary remains the same for all employees who hold the same position (Article 22, Part 2, Article 132 of the Labor Code of the Russian Federation). But in general, the salary of employees in one position may be different, since it depends, among other things, on allowances and bonuses (Article 135 of the Labor Code of the Russian Federation). In some cases, the organization has the right to amend the terms of the employment contract without the consent of the employee. This is allowed when the previous conditions (including the size of the salary) cannot be maintained due to: - changes in technology and production technology (for example, the introduction of new equipment, which led to a decrease in the employee's workload); - structural reorganization of production (for example, the exclusion of any stage of the production process); - other changes in the organizational or technological working conditions, which led to a decrease in the employee's workload. At the same time, it is forbidden to change the employee's labor function. In addition, the organization can reduce the salary not lower than the level established by the collective agreement (agreement), if the collective agreement (agreement) contains the appropriate conditions. This is stated in parts 1 and 8 of article 74 of the Labor Code of the Russian Federation. The organization is not entitled to reduce the salaries of employees for reasons not related to organizational and technological changes in working conditions (for example, due to the deterioration of the financial and economic situation), solely on its own initiative. This conclusion follows from part 1 of article 74 of the Labor Code of the Russian Federation.

Anastasia Davydova

They offered to quit on their own or to go to work not in their specialty .. He worked as a milling machine operator. There were 4 people on the site. Due to the lack of work, three were sent to other sites. At this time, I was first on vacation, then on sick leave. When I went to work, I was asked to work in the area where chemicals are used. materials (acetone, resins, etc.). I can't stand SUCH smells, and I just don't want to work there. Officially, there is no harm there - milk, add. vacation, it's all missing. Nevertheless, people work in respirators and rubber gloves - otherwise it is impossible! By the way, there was simply no respirator for me, I work without it. I haven't signed an additional agreement yet, I worked for 2 days. What should I do in my case? Can I take it (additional agreement) home for a more detailed study (consultation)? And if they insist on immediate signing ?! !

Lawyer's answer:
“In the case when, for reasons related to changes in the organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, FOR WITH THE EXCEPTION OF CHANGE IN THE EMPLOYEE'S LABOR FUNCTION "(Article 74 of the Labor Code of the Russian Federation). Thus, the employer does not have the right to "force" the employee to sign the "add. agreement ", in which the employee's labor function changes (and this, in your case, in accordance with work in the profession of MILLER __ DISCHARGE) 1. That is, if the employee does not want to work in another profession and does not sign" add. agreement "then it is NECESSARY to write two statements to the employer: 1.1 About payment of downtime due to the fault of the employer, since: according to article 56 of the Labor Code of the Russian Federation" the employer undertakes to provide the employee with work according to the specified labor function. " And according to article 157 of the Labor Code of the Russian Federation, “downtime (article 72.2 of this Code) through the fault of the employer is paid in the amount of at least two-thirds of the average wage of an employee. Downtime for reasons beyond the control of the employer and the employee is paid in the amount of at least two-thirds of the tariff rate, salary (official salary), calculated in proportion to the downtime. Downtime due to the fault of the employee is not paid. " 1.2 On the refusal to perform any work, except for the milling machine operator, since according to Article 60 of the Labor Code of the Russian Federation, the employer “is prohibited from requiring the employee to perform work that is not stipulated by the employment contract, with the exception of cases provided for by this Code and other federal laws”. In this case, the employee must be prepared for the employer to take measures to terminate the employment contract, that is, to dismiss. ONE condition: the employee SHOULD NOT write of his own free will, let the employer fire him. If the employer acts in accordance with the law, he will dismiss the employee to lay off (with all payments and guarantees). If the employer tries to dismiss for ANY OTHER REASON, then the employee after dismissal has the right (no later than one month) to apply to the court for illegal dismissal (in payment of compensation for forced absenteeism, etc.). 2 The employee HAS the right to agree to voluntarily perform other work 2.1 permanently (Article 74 of the Labor Code of the Labor Code of the Russian Federation). 2.2 In addition, under Article 72.2. Labor Code of the Russian Federation “By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for up to one year. .. ". ONE SMALL BUT in the same article: "if, at the end of the transfer period, the employee is not provided with the previous job, but he did not demand it and continues to work, then the TERMS OF THE TEMPORARY TERMS OF THE TRANSLATION LOSES AND THE TRANSLATION IS CONSIDERED PERMANENT." Therefore, if the employee does not miss the end, then he has the right to do exactly the same as described in paragraph 1.3 individual and collective protection, the employer does not have the right to demand from the employee the performance of labor duties and is obliged to pay for the downtime arising for this reason in accordance with this Code. The employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful and (or) hazardous working conditions not provided for by the employment contract does not entail disciplinary responsibility ... In the event of harm to the life and health of an employee in the performance of his labor duties, compensation for this harm is carried out in accordance with federal law. "

Margarita Andreeva

Do I have the right to forcibly transfer an employee from day to night shift if the transfer option is not specified ++. in his contract, but the employee opposes this transfer?

Lawyer's answer:
I have already answered a similar question. I will also answer: The employee's work schedule, along with the shift in his work, is one of the essential conditions of the employment contract (even if this is not directly recorded in the employment contract, but is determined by the established practice at this enterprise for a specific employee) (Article 57 Labor Code of the RF art. 72 of the Labor Code of the RF). However, the employer can, in order to optimize the organization's fulfillment of the statutory goals and objectives, reshape the staffing table, functional duties (job descriptions) of individual specialists, as well as the schedules and shifts of their work. In accordance with Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in the organizational or technological conditions of work (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be preserved, it is allowed their change at the initiative of the employer, with the exception of changes in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance about the upcoming changes in the terms of the employment contract determined by the parties, as well as on the reasons that caused the need for such changes. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In this case, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, an allowance is paid in the amount of two-week average earnings.

Alina Anisimova

I work in a shop as a salesman at Ip. Within 2 weeks I was informed that the outlet was closing and asked to think about whether I would work. work at another point or leave. I decided to refuse! In 4 days they said that we had to work out two weeks. There is an employment contract, but not all points were fulfilled. I. P. Vacation was not paid, but taxes were paid! What to do? Write a letter of resignation and not work out? The place of detention is not satisfactory. Thanks for answers! I want it for the good, without causing any inconvenience to anyone and according to the law!

Lawyer's answer:
An individual employer shall notify the employee in writing about the change in the terms of the employment contract determined by the parties, at least 14 calendar days in advance. At the same time, an employer who is an individual who is an individual entrepreneur has the right to change the terms of the employment contract determined by the parties only if these conditions cannot be maintained for reasons related to changes in the organizational or technological working conditions (part one of Article 74 of this Code) ( ). In this case, the employer did not violate anything. But he breaks everything else. He must terminate the employment contract with you as in the liquidation of the enterprise, having paid everything that is due: wages for 2 weeks, compensation for unused vacation, allowance (Article 180 of the Labor Code of the Russian Federation). If you have already received a notification, you can write a statement of your own free will. In this case, the employer is still obliged to make payments.

Claudia Komarova

can a passport officer perform the work of a lawyer. Ukraine. We have the following situation at our enterprise: according to the staffing standards, until the end of this year there is 0.5 of the rate of a legal adviser and 0.5 of the rate of a passport officer. Since the beginning of 2012, the head office has removed 0.5 of the rate of the legal adviser and leaves 1 rate of the passport officer. Is it possible to impose the duties of a legal adviser in the duties of a passport officer? And in general, does the passport officer have the right to represent the interests of the enterprise in the executive bodies, in court, etc. etc.?

Lawyer's answer:
I saw your question a little late, but I will try to answer. A passport officer, like any other specialist, must have: either a Job Description or Functional Responsibilities (it does not matter what the name of this document is). In the named documents, with which employees are familiarized with the signature when hiring them, and which are an integral part of the employment contract, the employee's labor function is revealed and specified. And she is just, this labor function, enshrined in the documents I mentioned above, is one of the most important essential conditions of an employment contract (Article 57 of the Labor Code of the Russian Federation). And, changing the terms of the employment contract determined by the parties is allowed only by agreement of the parties to the employment contract (Article 72 of the Labor Code of the Russian Federation). Conclusion: an agreement of the parties has been reached - it is possible to change (by means of additions) the labor function of the employee, that is, the job description. It additionally introduces the duties (or their specific part) of a lawyer (legal adviser). This is all the more possible to do, since the passport officer, in this case, has the qualifications of a lawyer. As for the issue of representing the interests of the organization outside, at least a cleaner can represent them by the employer's power of attorney, as long as the employer has entrusted it to her and, again, upon obtaining the consent of this cleaner. However, the owner is a master. This is me about the employer. He can, in order to optimize the organization's fulfillment of statutory goals and objectives, reshape the staffing table, including the functional responsibilities of individual specialists. In accordance with Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in the organizational or technological conditions of work (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be preserved, it is allowed their change at the initiative of the employer, with the exception of changes in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance about the upcoming changes in the terms of the employment contract determined by the parties, as well as on the reasons that caused the need for such changes. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In this case, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, an allowance is paid in the amount of two-week average earnings.

Konstantin Nesmelov

Does the head of a state enterprise have the right to demote a pregnant woman?

Lawyer's answer:
Such actions of the manager are not based on the law Position, and, consequently, the Job Description of the employee, which regulates and specifies his job function, is an integral part of the employment contract concluded between the employee and the employer. The position is the most important of the essential conditions of the employment contract (Article 57 of the Labor Code of the Russian Federation), and changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract (Article 72 of the Labor Code of the Russian Federation, Article 178 of the Labor Code of the Russian Federation, an allowance is paid in the amount of two-week average earnings ...

Denis Bogdashkin

Is there a basis for a reduction in the salary?

Lawyer's answer:
The employer, in accordance with the local regulations in force at the enterprise (collective agreement, Regulations on remuneration, Regulations on bonuses, etc.), may decrease bonus, incentive and other payments. But, the official salary ... It is one of the essential conditions of the employment contract (Art. 57 of the Labor Code of the Russian Federation), and changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract (Art. 72 of the Labor Code of the Russian Federation). However, the owner is a master. This is me about the employer. He can, in order to optimize the organization's fulfillment of statutory goals and objectives, reshape the staffing table, including the form and size of remuneration. In accordance with Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in the organizational or technological conditions of work (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be preserved, it is allowed their change at the initiative of the employer, with the exception of changes in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance about the upcoming changes in the terms of the employment contract determined by the parties, as well as on the reasons that caused the need for such changes. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In this case, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, an allowance is paid in the amount of two-week average earnings.

Nadezhda Zakharova

The head of the organization introduced a piece-rate form of remuneration by order. The head of the organization, by his order, introduced a piece-rate form of remuneration into the organization. Employees with time-based wages filed a petition in court to declare this order illegal and not applicable, since its application would entail a significant reduction in their wages. The court refused to satisfy the workers' claims, believing that the order of the head of the organization is not a legal act, since it is designed exclusively for the circle of employees of the organization. Employees did not give specific examples of violation of their rights, which is why they are not deprived of the opportunity to go to court again when receiving lower wages. Is it possible to recognize the court's decision as legal and reasonable?

Lawyer's answer:
The court decision is both illegal and unreasonable, since it was made in violation of the norms of substantive and procedural law, namely: The form of remuneration is one of the essential conditions of the labor contract (Article 57 of the Labor Code of the Russian Federation), and changing the terms of the labor contract determined by the parties is allowed only by agreement of the parties to the employment contract (Article 72 of the Labor Code of the Russian Federation). However, the owner is a master. This is me about the employer. He can, in order to optimize the organization's fulfillment of statutory goals and objectives, reshape the staffing table, including the form of remuneration. In accordance with Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in the organizational or technological conditions of work (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be preserved, it is allowed their change at the initiative of the employer, with the exception of changes in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance about the upcoming changes in the terms of the employment contract determined by the parties, as well as on the reasons that caused the need for such changes. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In this case, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, an allowance is paid in the amount of two-week average earnings. Yes, and here's another thing, madam student ... The reference of the court in the reasoning part of the court decision that the employer's order is not a normative act is sheer nonsense. The named order of the employer is nothing more than a local normative legal act, binding on its employees until it is appealed and canceled.

Mikhail Muchnikov

Can the employer lower the salary ???? and on what basis ???? and on what basis?

Lawyer's answer:
Maybe. True, this can be done only two months after the employee was notified of the upcoming changes (Article 74 of the Labor Code of the Russian Federation). In addition, the employee's consent will be required to reduce the salary. Indeed, article 74 of the Labor Code of the Russian Federation allows you to change the terms of an employment contract without the consent of the employee only in exceptional cases. Namely, with a change in technology and production technology and with a structural reconstruction or reorganization of production.
Article 372 of the Labor Code of the Russian Federation assumes the possibility for the employer to make a decision even in case of disagreement with the representatives of the employees, but without its observance, this decision on a formal basis can be appealed to the state labor inspectorate or to the court. If the changes in the working time regime affect the content of the labor contract concluded with the employee, then the procedure for changing the terms of the labor contract determined by the parties, provided for by Article 74 of the Labor Code of the Russian Federation, applies, that is, the employer must notify the employee in writing no later than two months in advance. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. In the absence of the specified work or refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of the Labor Code.

Evdokia Vasilieva

Where do you need to contact if the company shortens the working day?

Lawyer's answer:
Complain where you want and as much as you want ... LABOR CODE Article 74. Changes in the terms of the employment contract determined by the parties for reasons related to changes in the organizational or technological working conditions In the event that the reasons specified in part one of this article may lead to mass dismissal of employees, the employer in order to preserve jobs, it has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of this Code for the adoption of local regulations, to introduce a part-time (shift) and (or) part-time working week for up to six months If the employee refuses to continue working on a part-time basis (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation.
For reasons related to changes in the organizational or technological working conditions In the case when, for reasons related to changes in the organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be saved, it is allowed to change them at the initiative of the employer, with the exception of changing the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance of the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by this Code. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. © ConsultantPlus, 1992-2013 Therefore, in case of refusal, the employee will be dismissed on the basis and wording of Article 77. 7) the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code) © ConsultantPlus, 1992- 2013 Upon dismissal on this basis, an allowance is paid: Art. 178 of the Labor Code of the Russian Federation Severance pay in the amount of two-week average earnings is paid to an employee upon termination of an employment contract due to: the employee's refusal to continue working due to a change in the terms of the employment contract determined by the parties (clause 7 of the first part of Article 77 of this Code). © ConsultantPlus, 1992-2013 Therefore: the employer in the proposed situation has such a right, the employee can be dismissed in the manner indicated above. Dismissal by agreement of the parties is possible in any situation. Your position is unknown and should be taken into account: Article 75. Labor relations when the owner of the organization's property changes, the organization's jurisdiction changes. Change of ownership of the organization's property is not a basis for terminating employment contracts with other employees of the organization. For a more qualified consultation, I recommend that you seek the help of a lawyer.

Olga Ryabova

Change of the employment contract. Task. Task In April 2006, one of the production teams of the enterprise decided to switch to self-financing. One of the brigade members refused to work under the new conditions. The employer, notifying him of the transition to self-financing and taking measures for employment, in June 2006. Terminated the employment contract with the employee. Is the employer's actions lawful? Give reasons for your answer.

Lawyer's answer:
Are legitimate. According to Art. 74 of the Labor Code of the Russian Federation “On the upcoming changes in the terms of the employment contract determined by the parties, as well as on the reasons that caused the need for such changes, the employer must notify the employee in writing no later than two months, unless otherwise provided by this Code. If the employee does not agree to work under the new conditions, the employer is obliged to offer him another job available to the employer in writing. ” »Art. 77, clause 7 of part 1 The grounds for termination of an employment contract are: the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

Gennady Lazarko

Can we lower salaries in the staff list ????

Lawyer's answer:
In theory, it is possible to downgrade, but in practice it is very difficult. The employer can do this in two ways: by agreement of the parties (Article 72 of the Labor Code of the Russian Federation), or unilaterally (Article 74 of the Labor Code of the Russian Federation). 1. In order to lower the salary by agreement of the parties with each employee, it is necessary to conclude an additional agreement to the employment contract in writing. But remember that this method is very risky. This can generate increased interest in your company from the inspection authorities. These actions will be recognized as legitimate if the decrease in wages is caused by justified reasons, and additional agreements are signed by employees without any pressure on them. 2. In order to lower wages unilaterally, the rules stipulated by Article 74 of the Labor Code must be complied with. The employer is obliged to notify the employee in writing not later than two months in advance about the upcoming changes in the terms of the employment contract determined by the parties, as well as on the reasons that caused the need for such changes. With each of the employees who agree to continue working on the new payment terms, you must conclude an additional agreement to the employment contract, and those who do not agree to offer another job; and only in the absence of the specified work or refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of the Labor Code of the Russian Federation.

Gennady Yaparov

The rate is reduced to 0.1 units. Is this a reduction or change in the terms of the employment contract?

Lawyer's answer:
If there was a change in the staffing table, that is, in the SR the rate was reduced to 0.1, then this is a reduction. Perhaps the material from the journal "Personnel business" (№3, 2009) will help you figure it out: Question. Part-time or cutbacks? To reduce personnel costs, the company's management made a decision: to transfer part of the employees to part-time jobs. Appropriate changes were made to the staffing table. The workers were advised that they were given four-hour part-time work and that their pay was cut in half. How legal is it? Answer. Let's figure it out. Let's see what actually happened: the reduction of certain positions by half, or the establishment of a part-time regime for individual workers. Since in this case there is a substitution of concepts. So, if there was a reduction (for example, five employees were reduced by 0.5 rates: the staffing table had 40 staff units, it became 37.5), then the employee whose position was reduced by part-time should be notified in accordance with the established procedure not about the transfer to part-time work, and on the reduction of his position by 0.5 rate. Now, if there were no reductions in the staffing table, and the issue of lowering the size of an employee's wages (with a reduction in working hours) would remain relevant, then we would notify employees about the introduction of part-time work. However, when switching to part-time mode, things are not so simple. It should be remembered that unilaterally, in accordance with article 74 of the Labor Code, such a regime can be established only: in order to preserve jobs. That is, this is only possible if changes in organizational or technological working conditions that have occurred in the organization threaten with mass dismissal of workers; taking into account the opinion of the elected body of the primary trade union organization; for up to six months. The Labor Code does not define part-time work. However, as follows from Article 93 of the Labor Code, incomplete time should be considered as the duration of which is less than the normal duration of working hours established for the employee. If, for example, an employee has a 5-day working week with an 8-hour working day, then introducing a four-hour working day for him (with payment in proportion to the hours worked) will be a transfer to part-time work. If he is transferred to part-time, then a 4-hour working day will be the norm for him. Therefore, you did the wrong thing. In your case, it was necessary to notify each employee about the reduction of his part-time and propose a transfer to the remaining part-time with an indication of the new mode of work and remuneration.

Ksenia Vorobyova

Refusal to transfer! Please tell me what to do? A friend works in a chain of stores, her outlet is being closed .. There was no notification for 2 months as expected. For three weeks they brought some kind of piece of paper, in which it was written that it would be transferred from August 26, due to the closure of the outlet. And where, for what position and with what salary, nothing was written. A few days later, she was offered 4 jobs orally by phone, but with a transfer to another area (from the Moscow region they are now offering to ride to Moscow) and with a demotion (from administrator to seller) and, accordingly, a loss in salary. But there was no written proposal. And today she was offered to write a statement of her own free will, since she verbally refused to be translated. How best to act for her in this situation. And is it worth writing such a statement, if not, what is the best way to write it? Help me please!! !

what are the reasons for dismissal

Lawyer's answer:
everything? See Labor Code Article 77. General grounds for termination of an employment contract The grounds for termination of an employment contract are: 1) agreement of the parties (Article 78 of this Code); 2) expiration of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and neither of the parties demanded their termination; 3) termination of the employment contract at the initiative of the employee (Article 80 of this Code); 4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code); 5) transfer of the employee at his request or from his consent to work for another employer or transfer to elective work (position); 6) the employee's refusal to continue work in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code); 7) the employee's refusal to continue work in connection with a change in the conditions specified by the parties viy of the labor contract (part four of Article 74 of this Code); 8) the employee's refusal to transfer to another job that is necessary for him in accordance with the medical opinion issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the appropriate work (parts three and four of Article 73 of this Code); 9) the employee's refusal to transfer to work in another locality together with the employer (part one of Article 72.1 of this Code); 10) circumstances beyond the control of the will of the parties (Article 83 of this Code) 11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code). Article 81. Termination of an employment contract at the initiative of the employer An employment contract may be terminated by the employer in the following cases: 1) liquidation organization or termination of action an individual entrepreneur; 2) reduction of the number or staff of employees of an organization, an individual entrepreneur; 3) inconsistency of an employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification; 4) change of the owner of the organization's property (in relation to the head of the organization, his deputies and the chief accountant ); 5) repeated non-performance by the employee without good reason of his labor duties, if he has a disciplinary penalty; 6) one-time gross violation of labor duties by the employee: a) truancy, that is, absence from the workplace without good reason throughout the working day (shift), regardless of his (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift); b) the appearance of the employee at work (at his workplace or on the territory of the organization - the employer or facility , where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication; c) disclosure of a secret protected by law (state, commercial, official and other) that has become known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee; d) committing at the place of work theft (including small) of someone else's property, embezzlement, deliberate destruction or damage established by a court verdict that has entered into legal force or by a decision of a judge, body, official authorized to consider cases of administrative offenses; e) violation by the employee of labor protection requirements established by the labor protection commission or the labor protection authorized by the employee, if this violation entailed grave consequences (an accident at work

Maria Mikhailova

Labor law issue. Does the employer have the right to transfer the employee for one month to other work without his consent, in connection with the arisen production need to prevent damage to parts, while maintaining wages? Moreover, will the dismissal of an employee be legal if he does not go to work due to disagreement with the transfer ???

Lawyer's answer:
In case of industrial necessity, the administration has the right to temporarily, for a period of up to one month, transfer its employee to another job. Even if such a transfer does not meet the terms of the employment contract. This is stated in article 74 of the Labor Code of the Russian Federation. The same article contains a list of cases of production necessity. Please note: this list is comprehensive. At the same time, it should be emphasized that a prerequisite for classifying a particular reason as a production necessity is its exclusivity and unpredictability. In particular, temporary transfer is allowed to prevent catastrophes, accidents or natural disasters, as well as to eliminate their consequences. In addition, it is possible to transfer an employee in order to prevent an accident, downtime, or to replace an absent employee. In addition, the Labor Code of the Russian Federation establishes a number of restrictions on temporary transfers. Firstly, such a transfer is possible only within the framework of the organization with which the employee has entered into an employment contract. Secondly, the salary in a new job should not be lower than the average salary in the previous position. Thirdly, the work to which the employee is transferred should not be contraindicated for him for health reasons. And finally, as we have already noted, it is possible to temporarily transfer an employee to another job for a period not exceeding one month during a calendar year. To temporarily transfer an employee to another job, his consent is not required. However, this does not apply to cases where the new job is of lower qualifications. Here it is necessary to obtain written consent from the employee for such a transfer. Remuneration Transfer to another job. Relocation Transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality together with the employer. Transfer to another job is allowed only with the written consent of the employee, except for the cases provided for by parts two and three of Article 72.2 of this Code. At the written request of the employee or with his written consent, the employee may be transferred to a permanent job with another employer. In this case, the employment contract at the previous place of work is terminated (paragraph 5 of the first part of Article 77 of this Code). It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail changes in the terms of the employment contract determined by the parties. Article 306. Amendment of the terms of the labor contract by the employer, determined by the parties. It is prohibited to transfer and transfer the employee to work that is contraindicated for him for health reasons. An individual employer shall notify the employee in writing about the change in the terms of the employment contract determined by the parties, at least 14 calendar days in advance. At the same time, an employer who is an individual who is an individual entrepreneur has the right to change the terms of the employment contract determined by the parties only if these conditions cannot be maintained for reasons related to changes in the organizational or technological working conditions (part one of Article 74 of this Code).

Article 74. Changing the terms of the employment contract determined by the parties for reasons related to changes in the organizational or technological working conditions

checked today
code from 01.01.2019
entered into force on 01.02.2002

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article dated 12.08.2005 01.02.2002

If the employee does not agree to work in the new conditions, then the employer is obliged in writing to offer him another job available to the employer (both a vacant position or a job corresponding to the employee's qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or refusal of the employee from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.

In the event that the reasons specified in part one of this article may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulatory acts, introduce part-time work (shift) and (or) part-time work week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation.

Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

Lawyers' comments

Judicial practice under Art. 74 of the Labor Code of the Russian Federation

Case No. 5-KG14-14 of May 16, 2014	Judicial Collegium for Civil Cases, Cassation
Case No. 87-APG12-3 of November 9, 2012	Judicial Chamber for Administrative Cases, appeal
Case No. 5-KG12-64 of November 2, 2012
Case No. 51-B10-1 of May 7, 2010
Case No. 25-B09-23 of October 29, 2009	Judicial board for administrative cases, supervision
Case No. 25-B08-9 of October 31, 2008	Judicial board for administrative cases, supervision
Case No. 51-G07-24 of October 31, 2007	Judicial Collegium for Administrative Cases, Cassation
Case No. 32-G07-6 of June 20, 2007	Judicial Collegium for Administrative Cases, Cassation

Amendments to Art. 74 of the Labor Code of the Russian Federation

References to Art. 74 of the Labor Code of the Russian Federation in legal advice

Is the salary retained when leaving parental leave after 3 years of age?
06.11.2018 into the preferential category, which is prohibited from dismissal by virtue of Article 261 of the Labor Code of the Russian Federation, that is, like an ordinary employee, your employer may oblige you to switch to 0.5 rates by virtue of Article 74 of the Labor Code of the Russian Federation only at the initiative of the employer due to organizational and technological reasons. That is, you can now be served with a notice of changes in the conditions of labor
10.10.2018 management, your position will be trite and you will not prove anything, given that they will introduce another one with new responsibilities. Second, pay attention to the norms Article 74 of the Labor Code of the Russian Federation according to which amendments to the employment contract can be made at the initiative of the employer unilaterally. In this case, you are required to notify two
Changing the terms of the employment contract / officials under Art. 74 shopping mall rf.
09.10.2018 will prevent the employer from substituting such documents later. Indeed, new labor functions cannot be imputed to an employee without his consent (Art. Articles 60, 60.1, 60.2, 72, 72.1, 74 of the Labor Code of the Russian Federation), however, there are court decisions in which the courts considered that the employer did not change the labor function, but simply specified it, painted
Changing the terms of the employment contract / officials under Art. 74 shopping mall rf.
09.10.2018 Nikolay, hello! If I understood correctly, then basically we are talking about changes in the labor function of the employee. So, according to part 1 Article 74 of the Labor Code of the Russian Federation changing the labor function at the initiative of the Employer is prohibited. Further, in accordance with part 2 of the same article, the Employer is obliged in writing two months in advance
Supplementary employment contract
20.09.2018 consent of the parties within the framework of Article 72 of the Labor Code of the Russian Federation. That is, no one can change the size of your salary without your consent. However, your employer may try to use Article 74 of the Labor Code of the Russian Federation, that is, changing the employment contract on its own initiative, but this is where the nuances lie. First, there is a specific procedure prescribed
Part-time work!
17.06.2018 Good morning Marina. The introduction of part-time work involves the use of Article 74 of the Labor Code of the Russian Federation... That is, with a decrease in sales, the employer has the right to introduce part-time work in accordance with the norms Article 74 of the Labor Code of the Russian Federation unilaterally. but
transfer to 0.75 stakes
06.02.2018 your consent to make any changes under Article 72 of the Labor Code of the Russian Federation. That is, without your written consent, your director will not be able to transfer you to 0.75 rates. However, there is Article 74 of the Labor Code of the Russian Federation according to which, under certain circumstances, the employer can unilaterally change the conditions of employment, but again by giving
Moving to another place of work.
09.10.2017 Good evening, Svetlana. Application Article 74 of the Labor Code of the Russian Federation implies at least technological changes in the process of work due to which it is not possible to maintain the previous working conditions. In your
transfer to 0.5 stakes
28.09.2017 therefore, Article 72 of the Labor Code of the Russian Federation is applicable, according to which amendments to the contract are possible only with the consent of the parties. Judging by your question, you decided to apply Article 74 of the Labor Code of the Russian Federation that is, to introduce changes to the contract unilaterally due to production needs, therefore, they served a notification and now, if the employee refuses
new in labor law, art. 145 TC
05.12.2016 persons (organizations). This means that if the conditions in the employment contract change, the notification of employees is mandatory regardless of the position held in accordance with Article 74 of the Labor Code of the Russian Federation... If you have more questions, please contact.

27.11.2016 Good evening, Alexander Albertovich. This refers to the norms of Article 72.2 of the Labor Code of the Russian Federation and Article 74 of the Labor Code of the Russian Federation... Article 72.2 of the Labor Code of the Russian Federation states: In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood

21.10.2016 severance pay. This path is costly if you have employees who are not willing to translate. You can carry out the procedure for renaming the position in accordance with the rules Article 74 of the Labor Code of the Russian Federation... This is possible only if the functionality of employees does not change in absolute terms. Notify employees of the changes in writing, two months in advance, under

21.10.2016 will also benefit, given the professional standards. It is clear that the employees themselves cannot initiate a change in the name of the position, so you need to apply Article 74 of the Labor Code of the Russian Federation... That is, you create an order to bring the staffing table in accordance with professional standards and indicating the conditions for that. that such and such positions will be renamed

Dismissal on the basis of Article 74 of the Labor Code
16.10.2016 it is difficult to imagine what organizational and technological changes have taken place at the enterprise, which has become impossible to keep the title of the position. Take a look Article 74 of the Labor Code of the Russian Federation... The employer can unilaterally change the terms of the contract if it is impossible to keep the previous ones due to changes that have already occurred, organizational

06.10.2016 and Article 72.2 of the Labor Code of the Russian Federation says that transfer to another position is allowed only with the consent of the employee, and you were not asked for consent. Second point, based on Article 74 of the Labor Code of the Russian Federation the employer could unilaterally change the working regime, but only by notifying the employee about this two months in advance by serving a written

What should we do?
03.08.2016 Good evening, Zilya Mavlikhanovna. Of course, the enterprise can change the schedule and this right is given Article 74 of the Labor Code of the Russian Federation, where it is said that changes can be made by notifying the employee two months in advance and giving him written notice. In turn, you have two months to do that.

21.07.2016 according to article 77, clause 7 of the Labor Code of the Russian Federation, which does not quite comply with the law, since in such a situation, the initiator of the dismissal should be the employer, not the employee. By the way, based on Article 74 of the Labor Code of the Russian Federation the company is obliged to offer the employee another vacant position, if any. And if the employee refuses the proposed position, then

Article 74 - changing working conditions
13.07.2016 contract. And the terms of the employment contract on the basis of Article 72 of the Labor Code of the Russian Federation can be changed only with the mutual consent of the parties, or at the initiative of the employer on the basis of Article 74 of the Labor Code of the Russian Federation by delivering two months' notice to employees. what is actually happening at your enterprise at the moment. That is, in this situation
Article 74 of the Labor Code of the Russian Federation, that is, by submitting a notification of the changes being made 2 months in advance. Have you received notifications? If not, then this is already a violation of labor laws. Besides

1. In accordance with Part 1 of Article 74 of the Labor Code of the Russian Federation, the employer has the right, in connection with changes in the organizational or technological working conditions in the organization, to unilaterally change the terms of the employment contract determined by the parties upon its conclusion, with the exception of a change in the employee's labor function.

Since the commented norm connects the possibility of changing (at the initiative of the employer) the terms of the employment contract determined by the parties with strictly defined reasons, the employer is obliged to provide evidence confirming that such a change was the result of changes in the organization of work or in the organization of production (for example, changes in technology and production technology , improvement of workplaces on the basis of their certification, structural reorganization of production) and did not worsen the position of the employee in comparison with the terms of the collective agreement, agreement. In the absence of such evidence, the change, at the initiative of the employer, of the terms of the employment contract stipulated by the parties cannot be recognized as legal (see paragraph 21 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2).

2. The employer is obliged to notify the employee in advance about the forthcoming change of the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, no later than 2 months before their introduction. Notification must be made in writing.

If the previous conditions of the employment contract cannot be maintained, and the employee does not agree to continue working in the new conditions, the employer is obliged to offer him in writing another job that he has that corresponds to his qualifications and state of health. If there is no such job, the employer is obliged to offer the employee an existing vacant lower position or lower-paid job, which the employee can perform in accordance with his qualifications and state of health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. That is, it means that the employer is obliged in this situation to offer the employee appropriate vacancies not only directly in the organization in which the employee is employed, but also in its structural divisions, if they are located in the same area. If vacancies are available in structural divisions located in other localities (for example, in a branch or representative office of an organization), the employer is obliged to offer them, if this is provided for by the collective agreement, agreements, labor contracts.

If the employer does not have an appropriate job, as well as if the employee refuses to offer him another job, the employment contract with him on this basis is terminated (see comments to Art. 77). Upon dismissal of employees on this basis, they are paid severance pay in the amount of 2-week average earnings (part 3 of article 178 of the Labor Code).

In the event of a dispute about the legality of the termination of the employment contract, the employer is obliged to prove the impossibility of maintaining its previous conditions. If this circumstance is proved, but the employee is dismissed under clause 7 of Art. 77 of the Labor Code without 2 months' notice about changing the terms of the employment contract, the court, when considering a dispute, according to established jurisprudence, can change the date of dismissal so that the employment relationship was terminated on the day of the expiration of the 2-month period. If the employee was warned about changes in the terms of the employment contract, but was dismissed due to the introduction of new working conditions before the expiration of the 2-month period, the court may change the date of dismissal, taking into account the time remaining before the expiration of the specified period.

During the period for which the employment contract was extended due to the change in the date of its termination, the employee must be reimbursed for the lost earnings.

3. Part 5 of Article 74 of the Labor Code of the Russian Federation establishes a special procedure for changing the terms of an employment contract at the initiative of the employer in cases where changes in organizational or technological working conditions may lead to mass dismissal of employees.

The criteria for mass dismissal are determined in sectoral and (or) territorial agreements (part 1 of article 82 of the Labor Code). When developing them, taking into account the territorial and sectoral characteristics of the development of the economy and the level of unemployment in the region, the criteria for mass layoffs established by Decree of the Government of the Russian Federation of February 5, 1993 No. 99 "On the organization of work to promote employment in conditions of mass layoff" ( SAPP RF. 1993. N 7. Art. 564). In accordance with it, the main criteria for mass layoffs are indicators of the number of laid off employees in connection with the liquidation of organizations or a reduction in the number or staff of employees for a certain calendar period. These include:

a) liquidation of an organization of any organizational and legal form with a number of employees of 15 or more people;
b) reduction in the number or staff of the organization's employees in the number of:
- 50 or more people within 30 calendar days;
- 200 or more people within 60 calendar days;
- 500 or more people within 90 calendar days;
c) the dismissal of employees in the amount of 1% of the total number of employees in connection with the liquidation of an organization or a reduction in the number or staff within 30 calendar days in regions with a total number of employed less than 5 thousand people.

4. If changes in organizational or technological working conditions may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization, to introduce a part-time working regime (shift), but only for a period not exceeding 6 months. The opinion of the elected body of the primary trade union organization is taken into account in the manner prescribed by Art. 372 of the Labor Code for the adoption of local regulations (see comments to it).

Employees must be notified by the employer in writing about the introduction of part-time work in these cases, as well as about changes in other conditions provided for by the employment contract, no later than 2 months before its introduction.

However, if the employee refuses to continue working on a part-time basis (shift), the employment contract with him is terminated not under paragraph 7 of Art. 77 of the Labor Code, and according to clause 2 of part 1 of Art. 81 TC, i.e. according to the rules of staff reduction or the number of employees of the organization. Upon termination of the employment contract in this case, the employee is provided with all guarantees and compensations provided for persons dismissed in connection with a reduction in staff or the number of employees (see comments to article 81).

5. The law establishes the deadline for which a part-time (shift) regime can be introduced - 6 months. Within this period, its specific duration is established. After the expiration of the 6-month period, workers must be transferred to their previous work schedule.

The cancellation of the part-time regime before the expiration of the period for which it was established is carried out taking into account the opinion of the elected body of the primary trade union organization.

6. In accordance with part 8 of Article 74 of the Labor Code of the Russian Federation, a change in the terms of an employment contract stipulated by the parties for reasons related to a change in organizational or technological working conditions is not allowed if this change worsens the employee's position in comparison with the terms of the collective agreement or agreement.