Article 74 of the Russian Federation Labor Code registration. Changes in significant working conditions. Essential working conditions

ST 74 Labor Code of the Russian Federation

In the event that, for reasons related to changes in organizational or technological conditions labor (changes in technology and production technology, structural reorganization of production, other reasons), conditions determined by the parties employment contract cannot be saved; they can be changed 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 of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, 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, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If there is no specified work or the employee refuses 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 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 and in the manner established for the adoption of local regulations, to introduce a regime 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 week, then the employment contract is terminated in accordance with. In this case, the employee is provided with appropriate guarantees and compensation.

Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out 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 position of the employee in comparison with the established collective agreement or agreements.

Commentary to Art. 74 Labor Code of the Russian Federation

1. The commented article interprets one of the types of transfers discussed in - when the reason that led to a change in one or more terms of the employment contract was changes in organizational or technological working conditions. It is assumed that the employee’s labor function, as defined in the employment contract, remains unchanged.

2. In its most general form, technology refers to a system of tools and machines, as well as methods of their use and functioning. Consequently, changes in technological working conditions are expressed in the introduction of new tools and machines, as well as in changes in the processes of their operation.

Labor organization is a complex and multifaceted category. We can distinguish at least two aspects of the organization of labor: 1) since human labor as an object of legal regulation is of a social nature, it is carried out in interaction with other people; 2) social labor presupposes a monetary valuation, therefore, the organization of labor can be understood as the streamlining of relations between people in the process of their joint labor activity, as well as the organization of remuneration.

Thus, the organization of labor presupposes the organization of the work and rest regime of workers, their interaction in the labor process, management of the labor process, its regulation, accounting, forms and systems of wages, etc. Accordingly, a change in organizational working conditions can be understood as a change in these and other similar factors within the framework of which the employee’s labor activity is carried out.

Changes of a technological and organizational nature may result in changes in the terms of the employment contract, while the employee’s labor function remains the same. Since the basis for the application of the rules established by the commented article 74 of the Labor Code of the Russian Federation are specific circumstances defined by this article, in the event of a dispute, the employer must prove the existence of these circumstances, i.e. changes in organizational or technological working conditions. Otherwise, the employer’s actions aimed at changing the terms of the employment contract will be considered illegal.

In this regard, it is necessary to take into account that, based on Art. 56 of the Code of Civil Procedure, the employer is obliged, in particular, to provide evidence confirming that the change in the terms of the employment contract determined by the parties was a consequence of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production, and did not worsen the employee’s position in comparison with the terms of the collective agreement or agreement. In the absence of such evidence, termination of an employment contract or a change in the terms of the employment contract determined by the parties cannot be recognized as legal (clause 21 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation").

3. It is assumed that changes in the terms of the employment contract that occur as a result of changes in organizational and technological working conditions are carried out at the initiative of the employer, therefore the employer is obliged to notify the employee about this in writing no later than two months before their introduction ().

The legislator does not specify the procedure for notifying an employee about changes in the terms of the employment contract. In practice, it may be recommended to issue an order (instruction) from the head of the organization or other competent person on the transition to new working conditions, with which the employee must be familiarized with signature no later than the period specified in the law.

Employer - individual is obliged to notify the employee in writing about changes in the essential terms of the employment contract at least 14 calendar days in advance (see here).

An employer - a religious organization has the right to make changes to the content of an employment contract, subject to written notification of this to the employee at least seven calendar days before their introduction (see herein).

4. If an employee refuses to continue working under new conditions, the employer is obliged to offer him in writing another job available in the organization that corresponds to his qualifications and state of health, and in the absence of such, any other work that the employee can perform taking into account his qualifications and condition health.

The legislator does not establish a time frame during which the employer must offer the employee another job in the organization, as well as a specific form in which such an offer can be made. As one of the options for solving the problem, it can be recommended, along with the order on the upcoming change in the essential terms of the employment contract, to present the employee as an appendix to the order with a list of all vacancies available in the organization. The employee, having familiarized himself with the order and the list of jobs offered to him against receipt, can at the same time express his will by agreeing to a transfer to any job that suits his qualifications and state of health or by refusing such a transfer.

If the employee agreed to be transferred to another job available in the organization, such a transfer is formalized by an order (instruction) and an additional agreement to the employment contract indicating new conditions that are included in the employment contract.

In the absence of the specified work or if the employee refuses to be transferred to another job, the employment contract with him is terminated in accordance with.

As follows from the commented article 74 of the Labor Code of the Russian Federation, the employer is obliged by law to offer the employee the vacancies available to him in the given area. The employer is obliged to offer vacancies in other localities if this is provided for in the collective agreement, agreements or employment contract. At the same time, the employer has the right to offer any vacancy to laid-off employees, regardless of its location.

5. A change in organizational or technological working conditions can lead to a change in the terms of the employment contract not for one employee, but for an entire group.

One of the options for solving the problems arising in this regard is formulated by the legislator in the commented article. If changes in organizational or technological working conditions may lead to mass layoffs 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 for a period of up to six months.

The condition on working hours is one of the essential working conditions. Therefore, the introduction of part-time work is allowed only with the consent of each employee. An employee can express his will by reading the relevant order (instruction) of the employer. At the same time, since the establishment of part-time work is not permanent, drawing up an additional agreement attached to the employment contract that defines this condition is inappropriate. An additional agreement is possible if the employer and employee reach agreement that the latter’s part-time work will be permanent.

If the employee refuses to continue working under these conditions, the employment contract is terminated with the provision of appropriate guarantees and compensation to the employee (see Article 81, Labor Code of the Russian Federation and commentary thereto).

In accordance with the Regulations on the organization of work to promote employment in conditions of mass release, approved. Resolution of the Council of Ministers of the Russian Federation dated February 5, 1993 N 99, the main criteria for mass layoffs are the indicators of the number of workers being dismissed due to the liquidation of an organization or a reduction in the number or staff of employees for a certain calendar period.

Currently, the criteria for mass dismissal are determined in industry and (or) territorial agreements, therefore the rules provided for by the said Regulations apply only in the absence of corresponding norms in the agreements (see also the commentary to it).

On the procedure for taking into account the opinion of the elected body of the primary trade union organization, see the commentary thereto.

6. The rules of Parts 5 and 6 of the commented Article 74 of the Labor Code of the Russian Federation are not universal in nature: a) their application is the right, but not the obligation of the employer; b) they are used in cases of mass release of workers; c) they are temporary in nature, since they are applied “for the purpose of preserving jobs” (i.e. it is assumed that the circumstances that led to the reduction in working hours are transitory in nature and after their elimination, employees will be established a working time regime stipulated by the employment contract) .

In the absence of at least one of the stated conditions, the specified rules do not apply and the released employees can be dismissed according to the rules of paragraph 2 of Art. 81 of the Labor Code of the Russian Federation with the provision of appropriate guarantees and compensation.

7. The Labor Code is based on the unconditional recognition of the fact that changes in working conditions are always carried out at the initiative of the employer. Therefore, it is established that changes to the terms of the employment contract cannot be introduced that worsen the employee’s position in comparison with the terms of the collective agreement or agreement (Part 8 of the commented article). In addition, local regulations providing for the introduction, replacement and revision of labor standards are adopted by the employer, taking into account the opinion of the representative body of employees, and employees must be notified of the introduction of new labor standards no later than two months in advance (see also the commentary to it).

Thus, new working conditions, entailing a change in the employment contract, can be introduced solely by the employer only if they do not worsen the employee’s position in comparison with the terms of the collective contract (agreement); otherwise, they can be introduced if the content of the collective agreement (agreement) is reviewed accordingly, and if necessary, the opinion of the representative body of workers is taken into account.

At the same time, a change in the terms of an employment contract may be a consequence of objective factors, for example, a change in the situation in the commodity markets in which the employer operates entails the need to reform the technologies used or the organization of labor. In such cases, the will of the employer is not aimed at changing the terms of the employment contract, but at adapting it to new economic realities through the reorganization of production in order to ensure its existence as an economic entity. Since the employer can make changes to the content of the employment contract, provided that appropriate changes are made to the collective agreement or agreement (which is possible only if there is a counter-will of the other party (parties) in the contract or agreement), in the absence of such an expression of will, the implementation of Art. 74 of the Labor Code of the Russian Federation becomes impossible. In this case, the employer is forced to either make changes to the employment contract on the basis general rules on transfers to another permanent job (see Art. Art., Labor Code of the Russian Federation and commentary thereto), i.e. with the consent of the employee; or apply the rules on temporary transfers in connection with the occurrence of circumstances of an extraordinary nature (see therein); or apply the legal mechanisms established by law for terminating an employment contract (see the commentary thereto).

8. The legislator abandoned what was previously applied in Part 3 of Art. 25 of the Labor Code of the Russian Federation the term “change in essential working conditions”, replacing it with the concept of “change in the terms of the employment contract”. Based on this, no matter how serious changes in working conditions do not matter and do not entail any legal consequences, if they are not related to changes in the content of the employment contract. For example, the installation of new equipment, computers, equipment is not always associated with a change in the labor function (specialty, profession, qualification or position), wages, duration or working hours and other conditions established by the employment contract, but this may lead to significant changes in actual employee working conditions.

Since the content of the employment contract in this case does not change, such changes can be made by the employer without complying with the rules on transfer to another job, including the rules established by the commented article. In this case, an employee who does not want to continue working under new working conditions retains the right to terminate the employment contract on his own initiative (see also thereto), and the employer has the opportunity to terminate the employment contract with the employee if there are appropriate grounds for this (see Art. 81 of the Labor Code of the Russian Federation and commentary thereto).

In the absence of the specified work or the employee’s refusal of the offered work, the employment contract is terminated in accordance with paragraph 7 of part one 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 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 and in the manner established by Article 372 of this Code, to adopt local regulations , introduce a part-time working day (shift) and (or) part-time working week for up to six months.

If an 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.

Comments to Art. 74 Labor Code of the Russian Federation

1. The employer has the right to unilaterally change the terms of the employment contract if there is a combination of the following conditions: 1) there have been changes in organizational or technological working conditions, i.e. changes have been made to equipment and production technology, etc.; 2) in this regard, the previous terms of the employment contract cannot be preserved; 3) changes in the terms of the employment contract do not affect: profession, specialty, position, qualification, specific type of assigned work; 4) the employee is notified by the employer in writing no later than 2 months in advance. about the upcoming change in the terms of the employment contract; 5) the employee is given the reasons for changing the terms of the employment contract; 6) changes in the terms of the employment contract do not worsen the employee’s position in comparison with the collective agreement or agreements.

2. If the employee does not agree to change the terms of the employment contract, the employer is obliged to offer him another vacant job in writing. If the employee agrees to perform another job, then appropriate changes to the conditions are made to his employment contract by agreement of the parties.

3. The employer is obliged to offer vacancies in other locations if this is provided for by the collective agreement, agreements, or employment contract.

4. In the absence of the specified work or the employee refuses the offered work, the employment contract is terminated in accordance with clause 7, part 1, art. 77 TK.

5. When introducing a part-time working day (shift) and (or) part-time working week, as well as when production is suspended, the employer is obliged to notify the employment service authorities in writing about this within 3 working days after the decision is made to carry out the relevant measures (Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment in the Russian Federation”).

Art. 74 Labor Code of the Russian Federationconsiders one of the cases when the employer has the right to unilaterally change the initially established terms of the employment contract. In the article we will tell you what kind of case this is and answer the main questions about the procedure for changing an employment contract in accordance with Art. 74 TK.

Article 74 of the Labor Code

In the course of the activities of any organization, certain changes can and do occur constantly. Some of them have no impact on relations with staff. Others, for absolutely objective reasons, lead to the impossibility of maintaining in force all the labor agreements that the employee and the employer came to when concluding an employment contract (EA). Moreover, the employee may be quite happy with the current situation, but the employer may not be happy with it.

Does he have the opportunity to somehow influence the situation? Does he have the right to deviate from the original agreements for the benefit of the business?

Yes, but subject to a number of conditions.

Labor Code in Art. 74 allows for the possibility of unilateral changes by the employer to the terms of labor relations with employees due to changes in organizational or technological working conditions, and also establishes a strict procedure for introducing such changes. It must be strictly followed. Otherwise, changes to the original employment agreements may be challenged by the employee.

In general, the action plan required by the Code is clear and understandable and only partially requires additional comments. We will give them later in the article.

Changing which conditions is permissible under Article 74 of the Labor Code of the Russian Federation?

In case of an organizational or technologically justified need, the employer has the right to change almost any condition of the TD (and even several conditions at once). The ban is established only on changing the labor function. In other words, the position, profession or type of assigned work must remain in its original form. Everything else is changeable. For example, the place where work duties are performed, the work regime or work schedule, and even the level of remuneration for work may change. Other adjustments are also possible.

The article tells more about the conditions included in employment agreements “The procedure for concluding an employment contract (nuances)” .

Which, according to Art. 74 Labor Code, is meant by a change in organizational or technological working conditions?

In Art. 74 of the Labor Code of the Russian Federation, among the reasons, changes in production technology and technology, as well as its structural reorganization, are named. These include:

innovations in the management structure;
redistribution of workload between departments or positions;
development of advanced technologies and equipment;
other improvements.

In general, the list of reasons is open and determined by the specifics of the business and the characteristics of each specific situation. But in accordance with the comments to Article 74 of the Labor Code from the Plenum of the Armed Forces of the Russian Federation, in the event of a dispute, it is strictly the employer’s responsibility to confirm the organizational and technological nature of the changes and prove that it was because of them that it was impossible to maintain all previous agreements with employees (clause 21 of the resolution dated March 17, 2004 No. 2).

IMPORTANT! Changes in TD cannot be based on such circumstances - a decrease in sales and deterioration financial situation companies. The courts do not recognize them as organizational and technological changes.

What is the procedure for changing the terms of an employment contract in accordance with Art. 74 Labor Code of the Russian Federation?

The general scheme looks like this:

Preparation of changes in TD.

An appropriate organizational and administrative document (order, instruction) is issued indicating all the circumstances and reasons that initiated the changes.

Informing about upcoming changes to the part of the team that they affect.

They are informed in writing, the procedure is chosen by the employer. In practice, this is done by either familiarizing workers with the order against signature, or sending appropriate notifications. They must indicate the nature of the changes and their reasons. The fact of sending the notification must be recorded. The notice period is at least two months before the changes are introduced.

All subsequent actions of the administration depend on the will of the employee.

The employee agrees to the changes, what documents should I submit?

First of all, sign additional agreement(DS) with updated terms and conditions.

The rules for placing orders can be found in the article “Orders for personnel - what are these orders (types)?” .

What to do if an employee does not agree to work under new conditions?

First, try to employ him in a similar position (you should offer vacancies in writing). If there are no equivalent ones, lower-ranking and lower-paid ones are also offered. Perhaps even with relocation (if the obligation to offer vacancies from other localities is enshrined in a collective or labor agreement).

If an agreement on another position/job is reached, a DS and a transfer order are issued. A note about it is entered on the personal card.

If there are no suitable vacancies or the employee refuses the offered job, after the expiration of the 2 months allotted for information, the TD is terminated according to clause 7, part 1, art. 77 of the Labor Code of the Russian Federation with payment of severance pay - 2 weeks' average salary. Of course, all other “severance” payments are made in accordance with the general procedure.

See also “How to calculate compensation upon dismissal in 2019?” :

Is it possible to fire someone who disagrees during illness?

If 2 “notice” months have expired and the employee is on sick leave, this is not an obstacle to termination labor agreement on the grounds of refusal to work under new conditions. During illness, you cannot be fired at the initiative of the employer. But refusal to continue work due to changes in the terms of the TD is a different case. The employee will not be able to challenge such a dismissal; the courts are on the side of the employers here.

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 organizational or technological working conditions in the organization, to unilaterally change the terms of the employment contract determined by the parties at its conclusion, with the exception of changes 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 a consequence of changes in the organization of work or in the organization of production (for example, changes in equipment and production technology , improvement of jobs based on their certification, structural reorganization of production) and did not worsen the employee’s position in comparison with the terms of the collective agreement or agreement. In the absence of such evidence, a change at the initiative of the employer to the terms of the employment contract stipulated by the parties cannot be considered legal (see paragraph 21 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).

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

If the previous terms of the employment contract cannot be preserved, and the employee does not agree to continue working under the new conditions, the employer is obliged to offer him in writing another job available to him 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 that the employee can perform in accordance with his qualifications and health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. That is, it is meant 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 there are vacancies in structural units located in other locations (for example, in a branch or representative office of an organization), the employer is obliged to offer them if this is provided for in the collective agreement, agreements, or employment contract.

If the employer does not have the appropriate work, as well as if the employee refuses another job offered to him, the employment contract with him is terminated on this basis (see commentary to Article 77). When employees are dismissed on this basis, they are paid severance pay in the amount of 2 weeks' average earnings (Part 3 of Article 178 of the Labor Code).

If a dispute arises about the legality of termination of an employment contract, the employer is obliged to prove the impossibility of maintaining its previous conditions. If this circumstance is proven, but the employee is dismissed under clause 7 of Art. 77 of the Labor Code without warning 2 months in advance about changes in the terms of the employment contract, the court when considering a dispute, according to the current situation judicial practice, may change the date of dismissal so that the employment relationship is terminated on the day the 2-month period expires. 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 is extended due to a change in the date of its termination, the employee must be compensated for his 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 workers.

The criteria for mass dismissal are determined in industry and (or) territorial agreements (Part 1 of Article 82 of the Labor Code). When developing them, they can be used - taking into account the territorial and sectoral characteristics of economic development and the level of unemployment in the region - the criteria for mass layoffs established by the Decree of the Government of the Russian Federation of February 5, 1993 N 99 "On the organization of work to promote employment in conditions of mass layoffs" ( SAPP RF. 1993. N 7. Art. 564). In accordance with it, the main criteria for mass layoffs are the indicators of the number of workers dismissed due to the liquidation of organizations or a reduction in the number or staff of workers for a certain calendar period. These include:

a) liquidation of an organization of any organizational and legal form with 15 or more employees;
b) reduction in the number or staff of the organization’s employees in the amount 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) dismissal of employees in the amount of 1% of the total number of employees in connection with the liquidation of the organization or reduction in headcount or staff within 30 calendar days in regions with a total number of employees of less than 5 thousand people.

4. If changes in organizational or technological working conditions may lead to mass layoffs 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 day (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 established by Art. 372 of the Labor Code for the adoption of local regulations (see commentary to it).

Employees must be notified by the employer in writing of the introduction of a part-time working regime in these cases, as well as of changes in other conditions stipulated 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 in accordance with clause 7 of Art. 77 Labor Code, and according to clause 2, part 1, art. 81 TK, i.e. according to the rules for reducing the staff or number of employees of the organization. Upon termination of the employment contract in this case, the employee is provided with all the guarantees and compensations provided for persons dismissed due to a reduction in staff or number of employees (see commentary to Article 81).

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

Cancellation of the part-time work 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, changing the terms of an employment contract stipulated by the parties for reasons related to changes 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.

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

In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed 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 of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, 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, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. In the absence of the specified work or the employee’s refusal of the offered work, the employment contract is terminated in accordance with paragraph 7 of part one 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 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 and in the manner established by Article 372 of this Code, to adopt local normative acts, introduce a part-time working day (shift) and (or) part-time working week for up to six months. If an 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. Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out 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 position of the employee in comparison with the established collective agreement or agreements.

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

Konstantin Semiotrochev

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

Eduard Khokhlenkov

Hello! Can an employee be laid off by 0.5 times the year before retirement?

Question answered over the phone

Bogdan Ugolnikov

The employer issues an order to reduce the official salary, I do not agree. He gives me a notice of salary change, indicating that if I disagree, then I will be fired in 2 months, Article 77 Part 1, Clause 7 or Article 77, Part 1, Clause 1

Question answered over the 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 various comments say there can be any number of such transfers up to 1 month.

Question answered over the phone

Roman Lodochnikov

How many days in advance is the employer required to notify the employee about a change in schedule? I work in a clothing store and it became interesting. The schedule is drawn up a week in advance, but it happens that a change is notified the day before the shift. If possible, with a link to TK.

Lawyer's answer:
I understand that you work in shifts? And the employer changes the shift schedule? If so, then he is obliged to notify about changes in the shift schedule 1 month in advance (. If we are talking about the work schedule for the entire team (i.e. it was “we work from 8-00 to 17-00”, but it became “from 10-00 to 19-00"), then this is considered a change in working conditions. Such a change, in principle, must be notified 2 months in advance (Article 74 of the Labor Code).

Alla Gerasimova

Do they have the right 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 they? And also, I heard that it seems like if there is mortgage loan, then they do not have the right to reduce. is this true???

Lawyer's answer:

Kristina Denisova

The employer notified of a reduction in working hours. Accordingly, the already small salary will decrease. Is this legal? I don't 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 working regime at the initiative of the employer is permissible only in the case provided for in Article 74 of the Labor Code. Namely, if changes occur in organizational or technological working conditions, and these reasons may lead to mass layoffs of workers. The period for which a reduction in the regime is allowed at the initiative of the employer is strictly limited - it cannot exceed 6 months. The employer is obliged to notify employees about upcoming changes to the terms of the employment contract. In addition, the reasons for the need for changes must be communicated. In this case, the employee’s consent is not required; it is only necessary to obtain a signature that the employee is familiar with the upcoming changes. But the refusal must be in writing. An employee has the right to disagree with incomplete working hours. In this case, the employer must, in writing, offer the subordinate another available job that the employee can perform taking into account his state of health, including a lower position or lower paid job (Article 74 of the Labor Code of the Russian Federation). If there are no available vacancies or the employee refuses offers, the employment contract with him is terminated in accordance with paragraph 7 of part 1 of Article 77 of the Labor Code - the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties.

Yaroslav Lobashkov

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

Lawyer's answer:
“Salary,” as you put it, is one of the essential conditions of an employment contract (Article 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 a reduction in “salary”? They, just like “normal” workers, are subject to the guarantees of the Labor legislation of the Russian Federation. Otherwise – discrimination. However, the owner is a gentleman. I'm talking about the employer. To optimize the organization’s fulfillment of statutory goals and objectives, he can redraw 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 organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be maintained, 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 of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, 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, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. In the absence of the specified work or the employee’s refusal of the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. At the same time, the employee, in accordance with Part 3 of Art. 178 Labor Code of the Russian Federation

Anastasia Guseva

And if at an enterprise the director only raises the salaries of himself and his relatives, can he somehow be pinned down?

Lawyer's answer:
The Labor Code of the Russian Federation does not prohibit setting different salaries for employees occupying the same position. It is only said that the salary should depend on the qualifications of the employee, the complexity of the work he performs 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, Art. 135 of the Labor Code of the Russian Federation). These could be bonuses for work experience, education (including language knowledge), the amount of work done, etc. In this case, nothing limits the employer. The criteria by which employees are entitled to bonuses must be spelled out in detail in the collective agreement or other local document. The salary amount is prescribed in the employment contract as its obligatory condition (paragraph 5, part 2, article 57, article 135 of the Labor Code of the Russian Federation). Change the mandatory terms of the employment contract (including salary) according to general rule the organization can 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 make changes to 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 equipment and production technology (for example, the introduction of new equipment, which led to a reduction in the employee’s workload); – structural reorganization of production (for example, exclusion of any stage of the production process); – other changes in organizational or technological working conditions, which led to a reduction in the employee’s workload. At the same time, it is prohibited to change the employee’s job function. In addition, the organization may reduce wages no lower than the level established by the collective agreement (agreement), if the collective agreement (agreement) contains appropriate conditions. This is stated in parts 1 and 8 of Article 74 of the Labor Code of the Russian Federation. Therefore, if such discredit occurs, we must fight, but not just one, but everyone. Write to the tax office, to whom the organization reports, to the trade union.

Marina Sergeeva

Main features of salary calculation in modern conditions". I was asked to write a paper on “The main features of calculating salary in modern conditions.” It’s very necessary. Describe it at least briefly.

Lawyer's answer:
Write at least about this: The salary of an employee who has worked the standard amount of time for a month and fulfilled labor standards (job duties) should not be less than the minimum wage (minimum wage). From June 1, 2011 minimum size remuneration is 4611 rubles. per month. Previously, the minimum wage was 4,330 rubles. , i.e. it increased by 281 rubles. This is the first change in the minimum wage after January 1, 2009. In their regions, through regional agreements on the minimum wage, the executive authorities of the constituent entities of the Russian Federation have the right to establish another value, which may be greater than the federal one (Article 133.1 of the Labor Code of the Russian Federation). The composition 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 cost of living for the country as a whole is established quarterly by the Government of the Russian Federation. So, for the first quarter of 2011 living wage was established in the following amounts: – per capita – 6473 rubles. ; – for the working population – 6986 rubles. ; – for pensioners – 5122 rubles. ; – for children – 6265 rub. Such data are determined by Decree of the Government of the Russian Federation of June 14, 2011 No. 465. Separately for each region, the cost of living is determined by executive authorities. 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 occupying the same position. It only says that the salary should depend on the qualifications of the employee, the complexity of the work he performs and the quality of work (Article 132 of the Labor Code of the Russian Federation). However, personal determination of salaries cannot be arbitrary (resolution of the Presidium Supreme Court RF dated August 31, 1994). Therefore, if an organization sets different salaries for employees occupying the same positions, their job descriptions should set out different responsibilities for them. And in the staffing table, provide for various categories of positions. For example, enter positions: payroll accountant, fixed asset accountant, salesperson, senior salesperson, etc. You can pay employees different amounts without changing the salary amount. That is, the salary remains the same for all employees who occupy the same position (Article 22, Part 2 of Article 132 of the Labor Code of the Russian Federation). But in general, the salary of employees in the same position can 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 make changes to the terms of the employment contract without the consent of the employee. This is allowed when the previous conditions (including the amount of salary) cannot be maintained due to: – changes in equipment and production technology (for example, the introduction of new equipment, which led to a reduction in the employee’s workload); – structural reorganization of production (for example, exclusion of any stage of the production process); – other changes in organizational or technological working conditions, which led to a reduction in the employee’s workload. At the same time, it is prohibited to change the employee’s job function. In addition, the organization may reduce wages no lower than the level established by the collective agreement (agreement), if the collective agreement (agreement) contains appropriate conditions. This is stated in parts 1 and 8 of Article 74 of the Labor Code of the Russian Federation. The organization does not have the right to reduce employee salaries for reasons not related to organizational and technological changes in working conditions (for example, due to a deterioration in the financial and economic situation). This conclusion follows from Part 1 of Article 74 of the Labor Code of the Russian Federation.

Anastasia Davydova

They offered to resign on their own or go to a job outside of their specialty... I worked as a milling machine operator. There were 4 people at the site. Due to lack of work, three were sent to other areas. At this time I was first on vacation, then on sick leave. When I went back to work, I was asked to work in an area where chemicals were 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, extra. vacation, all this is missing. Nevertheless, people work in respirators and rubber gloves - it is impossible otherwise! By the way, there was simply no respirator for me; I work without one. I haven’t signed the 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)? What if they insist on immediate signing?! !

Lawyer's answer:
“In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, their change is allowed at the initiative of the employer, FOR WITH THE EXCEPTION OF CHANGES IN THE LABOR FUNCTION OF AN EMPLOYEE” (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 “additional agreement”, in which the employee’s labor function changes (and this in your case is in accordance with the work in the profession of MILLING OPERATOR __ CLASS) 1. That is, if the employee does not want to work in another profession and does not sign the “additional. agreement”, then it is NECESSARY to write two statements to the employer: 1.1 About payment for 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 for a specified labor function.” And according to Article 157 of the Labor Code of the Russian Federation, “downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. Downtime due to reasons beyond the control of the employer and employee is paid in the amount of at least two-thirds of the tariff rate, salary (official salary), calculated in proportion to downtime. Downtime caused by the employee is not paid." 1.2 On the refusal to perform any work, except for a milling operator, since according to Article 60 of the Labor Code of the Russian Federation, the employer is “prohibited from requiring an employee to perform work not stipulated by the employment contract, except in cases provided for by this Code and other federal laws.” In this case, the employee must be prepared for the fact that the employer will take measures to terminate the employment contract, that is, dismissal. ONE condition: the employee DOES NOT need to write at will, let the employer fire you. If the employer acts according to the law, he will dismiss the employee due to redundancy (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 within a month) to go to court for illegal dismissal (payment of compensation for forced absence, etc.). 2 The employee HAS the right to agree to VOLUNTARILY perform other work 2.1 constantly (Article 74 of the Labor Code of the Labor Code of the Russian Federation). 2.2 In addition, according to 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 a period of up to one year...”. ONE SMALL BUT in the same article: “if at the end of the transfer period the employee’s previous job is not provided, and he did not demand its provision and continues to work, then THE CONDITION OF THE AGREEMENT ON THE TEMPORARY CHARACTER OF THE TRANSFER LOSE VALIDITY AND THE TRANSFER 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 Even if the employee agrees to do other work, then still under Article 220 of the Labor Code of the Russian Federation “in the event of failure to provide the employee with funds in accordance with established standards individual and collective protection, the employer does not have the right to demand that the employee perform labor duties and is obliged to pay for downtime arising for this reason in accordance with this Code. Refusal by an employee to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from fulfilling heavy work and work with harmful and (or) dangerous working conditions not provided for in the employment contract, does not entail bringing him to disciplinary liability. In the event of harm to the life and health of an employee during the performance of his job duties, compensation for said harm is carried out in accordance with federal law.”

Margarita Andreeva

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

Lawyer's answer:
I already answered a similar question once. I will also answer: The employee’s work schedule, along with the shift of his work, is one of the essential conditions of the employment contract (even if this is not directly written down in the employment contract, but is determined by the established practice at a given enterprise for a particular employee) (Article 57 Labor Code of the Russian Federation Art. 72 Labor Code of the Russian Federation). However, the employer may, in order to optimize the organization’s fulfillment of the statutory goals and objectives, rearrange the staffing table, functional responsibilities(job description) 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 organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be maintained, 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 no later than two months in advance of upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. In the absence of the specified work or the employee’s refusal of the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. At the same time, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, benefits are paid in the amount of two weeks’ average earnings.

Alina Anisimova

I work in a store as a salesperson for IP. I was notified 2 weeks in advance that the outlet was closing and asked to think about whether I would be able to work. work at another location or leave. I decided to refuse! In 4 days they said that I had to work for two weeks. There is an employment contract, but not all points were fulfilled by I.P. Vacation was not paid, but taxes were paid! What to do? Write a letter of resignation and not work it off? The work location is not satisfactory. Thanks for the answers! I want it in a good way, without causing inconvenience to anyone and in accordance with the law!

Lawyer's answer:
The employer - an individual notifies the employee in writing of changes in the terms of the employment contract determined by the parties at least 14 calendar days in advance. At the same time, the employer - an individual who is an individual entrepreneur, has the right to change the terms of the employment contract determined by the parties only in the case when these conditions cannot be maintained for reasons related to changes in organizational or technological working conditions (part one of Article 74 of this Code) ( ) . In this case, the employer did not violate anything. But he violates everything else. He must terminate the employment contract with you as in the case of liquidation of the enterprise, paying everything that is due: wages for 2 weeks, compensation for unused vacation, benefits (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. However, the employer is still required to make payments.

Klavdiya Komarova

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

Lawyer's answer:
I saw your question a little late, but I’ll try to answer. A passport specialist, like any other specialist, must have: either Job description , or Functional responsibilities (it doesn’t matter what this document is called). In the above-mentioned documents, which employees are familiar with under their signature when they are hired, and which are an integral part of the employment contract, the employee’s labor function is disclosed and specified. And it is precisely this labor function, enshrined in the documents I mentioned above, that 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 has been reached between the parties - it is possible to change (by means of additions) the employee’s labor function, i.e. the job description. It additionally introduces the responsibilities (or a specific part thereof) of a lawyer (legal adviser). This is all the more possible to do since the passport specialist, in this case, is qualified as a lawyer. As for the issue of representing the interests of the organization externally, even a cleaning lady can represent them by proxy of the employer, as long as the employer has entrusted her with this and, again, upon receiving the consent of this cleaning lady. However, the owner is a gentleman. I'm talking about the employer. To optimize the organization’s fulfillment of statutory goals and objectives, he can rearrange 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 organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be maintained, 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 no later than two months in advance of upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. In the absence of the specified work or the employee’s refusal of the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. At the same time, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, benefits are paid in the amount of two weeks’ average earnings.

Konstantin Nesmelov

Does the manager have the right state enterprise demote a pregnant woman?

Lawyer's answer:
Such actions of the manager are not based on the law. The position, and, consequently, the employee’s job description, which regulates and specifies his job function, is an integral part of the employment contract concluded by the employee with the employer. A position is the most important essential condition of an 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

Reason for salary reduction?

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 reduce bonuses, incentives, etc. payments. But, official salary... It is one 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). However, the owner is a gentleman. I'm talking about the employer. To optimize the organization’s fulfillment of statutory goals and objectives, he can redraw the staffing table, including the form and amount 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 organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be maintained, 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 no later than two months in advance of upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. In the absence of the specified work or the employee’s refusal of the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. At the same time, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, benefits are paid in the amount of two weeks’ average earnings.

Nadezhda Zakharova

The manager, by decree, introduced a piece-rate form of remuneration into the organization. The head of the organization, by his order, introduced a piece-rate form of remuneration into the organization. Time-wage workers applied to the court to declare this order illegal and not subject to application, since its application would entail a significant reduction in their wages. The court refused to satisfy the workers' demands, believing that the order of the head of the organization is not a legal act, since it is intended exclusively for the circle of employees of the organization. The workers did not provide specific examples of violation of their rights, which is why they are not deprived of the opportunity to go to court again if they receive a smaller salary. Is it possible to recognize the court's decision as legal and justified?

Lawyer's answer:
The court decision is both illegal and unfounded, because 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 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 only allowed by agreement of the parties to the employment contract (Article 72 of the Labor Code of the Russian Federation). However, the owner is a gentleman. I'm talking about the employer. To optimize the organization’s fulfillment of statutory goals and objectives, he can redraw 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 organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be maintained, 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 no later than two months in advance of upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. In the absence of the specified work or the employee’s refusal of the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. At the same time, the employee, in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, benefits are paid in the amount of two weeks’ average earnings. Yes, and one more thing, Ms. student... The court’s reference in the reasoning part of the court decision that the employer’s order is not a normative act is complete nonsense. The employer's order is nothing more than a local legal act, obligatory for execution by its employees until it is appealed and cancelled.

Mikhail Muchnikov

Can an employer reduce 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. After all, Article 74 of the Labor Code of the Russian Federation allows changing the terms of an employment contract without the employee’s consent only in exceptional cases. Namely, when changing equipment and production technology and during structural reconstruction or reorganization of production.
Article 372 of the Labor Code of the Russian Federation implies the possibility for the employer to make a decision even in case of disagreements with employee representatives, but without compliance with it, this decision on a formal basis can be appealed to the state labor inspectorate or to court. If changes in the working hours affect the content of the employment contract concluded with the employee, then the procedure for changing the terms of the employment contract determined by the parties, provided for in Article 74 of the Labor Code of the Russian Federation, is applied, that is, the employer is obliged to notify the employee in writing no later than two months in advance. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of the Labor Code.

Evdokia Vasilyeva

Who should I contact if my company is cutting down its working hours?

Lawyer's answer:
Complain wherever 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 organizational or technological working conditions In the case where the reasons specified in part one of this article 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 and in the manner established by Article 372 of this Code for the adoption of local regulations, to introduce a part-time working day (shift) and (or) part-time working week for a period of up to six months .If an employee refuses to continue working part-time (shift) and (or) part-time 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 organizational or technological working conditions In the case where, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they can be changed 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 of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, 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, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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 status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. In the absence of the specified work or the employee’s refusal of the offered work, the employment contract is terminated in accordance with paragraph 7 of part one 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) refusal of the employee to continue working 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, benefits are paid: Art. 178 of the Labor Code of the Russian Federation Severance pay in the amount of two weeks' average earnings is paid to the employee upon termination of the employment contract in connection with: the employee's refusal to continue work 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 this Code). © ConsultantPlus, 1992-2013 Consequently: 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 you need to take into account: Article 75. Labor relations when changing the owner of the organization's property, changing the jurisdiction of the organization. When changing the owner of the organization's property, the new owner, no later than three months from the date of his ownership rights, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant. A change in the owner of the organization's property is not grounds for terminating employment contracts with other employees of the organization. For more qualified advice, I recommend that you seek help from a lawyer.

Olga Ryabova

Change of employment contract. Task. Problem In April 2006, one of the production teams of the enterprise decided to switch to self-supporting. One of the team members refused to work under the new conditions. The employer, having notified him of the transition to self-supporting and taking measures for employment, in June 2006. Termination of the employment contract with the employee. Are the employer's actions legal? Give reasons for your answer.

Lawyer's answer:
Legal. According to Art. 74 of the Labor Code of the Russian Federation “The employer is obliged to notify the employee in writing no later than two months in advance about upcoming changes to the conditions of the employment contract determined by the parties, as well as about the reasons that necessitated the need for such changes, unless otherwise provided by this Code. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer." "If the specified work is not available or the employee refuses the proposed work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. » 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 reduce salaries in the staffing table????

Lawyer's answer:
Theoretically, it is possible to reduce it, 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. To reduce wages by agreement of the parties with each employee, it is necessary to conclude an additional agreement to the employment contract in writing. But you should remember that this method is very risky. This may cause increased interest in your company from inspection authorities. These actions will be considered legal if the salary reduction 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 provided for in Article 74 of the Labor Code must be complied with. The employer is obliged to notify the employee in writing no later than two months in advance of upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes. With each employee who agrees to continue working on new payment terms, you must conclude an additional agreement to the employment contract, and offer those who do not agree another job; and only in the absence of the specified work or the employee’s refusal of the proposed work, the employment contract is terminated in accordance with paragraph 7 of part one 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 has been a change in the staffing table, i.e. in ShR the rate has been reduced to 0.1, then this is a reduction. Perhaps the material from the magazine "Personnel Affairs" (No. 3, 2009) will help you figure it out: Question. Part-time or layoff? In order to reduce personnel costs, the company's management decided to transfer some employees to part-time. Corresponding changes have been made to the staffing table. The workers were notified that they would be given a part-time working day of four hours and, accordingly, their pay would be reduced by half. How legal is this? Answer. Let's figure it out. Let's see what actually happened: the reduction of individual positions by half or the establishment of part-time work for individual workers. Since in this case there is a substitution of concepts. So, if a reduction has occurred (let’s assume that five employees have been reduced by 0.5 times each: the staffing table had 40 staff positions, now there are 37.5), then the employee whose position has been reduced by half time should be notified in the prescribed manner not about the transfer to part-time, but about a reduction in the position he holds by 0.5 times the rate. Now, if there had been no reduction in the staffing table, and the issue of reducing the employee’s wages (with a reduction in working hours) remained relevant, then we would notify employees about the introduction of a part-time working regime. However, when switching to part-time work, everything is not so simple. It should be remembered that unilaterally, according to Article 74 of the Labor Code, such a regime can only be established: for the purpose of preserving jobs. That is, this is possible only if the changes in organizational or technological working conditions that have occurred in the organization threaten the 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, time whose duration is less than the normal working hours established for the employee should be considered incomplete. If, for example, an employee has a 5-day working week with an 8-hour working day, then the introduction of a four-hour working day for him (with payment in proportion to the time 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 wrong. In your case, it was necessary to notify each employee about the reduction of his half-time rate and offer a transfer to the remaining half-time rate, indicating the new working hours and wages.

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 2 month notice as required. Three weeks later they brought some kind of piece of paper in which it was written that from August 26 she would be transferred due to the closure of the point. And where, for what position and with what salary, nothing was written. A few days later, she was verbally offered 4 jobs over the phone, but with a transfer to another area (from the Moscow region they are now offering to travel to Moscow) and with a demotion (from administrator to salesperson) and, accordingly, a loss in salary. But there was no written proposal. And today they offered to write a statement of her own free will, because she verbally refused to be transferred. What is the best thing to do in this situation? And is it worth writing such a statement, if not, then what is the best way to write it? Help please!! !

what are the reasons for dismissal

Lawyer's answer:
everything at all? 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 where the employment relationship actually continues and none 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 with his consent to work for another employer or transfer to an elective job (position); 6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, 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 terms of the employment contract determined by the parties (part four of Article 74 of this Code); 8) the employee’s refusal to transfer to another job required for him in accordance with a medical certificate issued in the manner established 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 area together with the employer (part one of Article 72.1 of this Code); 10) circumstances, independent 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 Labor the contract can be terminated by the employer in the following cases: 1) liquidation of the organization or termination of activity by an individual entrepreneur; 2) reduction in the number or staff of employees of the organization, individual entrepreneur; 3) inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by certification results; 4) shift the owner of the organization's property (in relation to the head of the organization, his deputies and the chief accountant); 5) repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction; 6) a single gross violation by an employee of work duties: a) absenteeism, that is, absence from work; workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the event of absence from the workplace without good reason for more than four hours in a row during the working day (shift); b) the employee’s appearance at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication; c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including the disclosure of personal data of another employee; d) theft (including small) of someone else’s property at the place of work, embezzlement, intentional destruction or damage, established by law that has entered into legal force by a court verdict or a decision of a judge, body, official, authorized to consider cases of administrative offenses; e) violation of labor protection requirements by an employee established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (an accident at work

Maria Mikhailova

Question from labor law. Does the employer have the right to transfer an employee to other jobs for one month without his consent, due to the arisen production need to prevent damage to parts, while maintaining wages? Moreover, will it be legal to dismiss an employee if he does not come to work due to disagreement with the transfer???

Lawyer's answer:
In case of production 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 provides a list of cases of production necessity. Please note: this list is exhaustive. It should be emphasized that a prerequisite for classifying a particular reason as a production necessity is its exclusivity and unforeseenness. In particular, temporary transfer is allowed to prevent disasters, accidents or natural disasters, as well as to eliminate their consequences. In addition, you can 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 organization with which the employee entered into an employment contract. Secondly, the salary at the new job should not be lower than the average salary at the previous position. Thirdly, the job to which the employee is transferred should not be contraindicated for him due to health reasons. And finally, as we have already noted, you can temporarily transfer an employee to another job for a period of no more than one month during the calendar year. To temporarily transfer an employee to another job, his consent is not required. However, this does not apply in 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 - 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 a different job locality together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in 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 permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code). Relocation from the same employer to another does not require the employee’s consent workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties. Article 306. Changing the terms of the employment contract determined by the parties by the employer. It is prohibited to transfer or move an employee to a job that is contraindicated for him for health reasons. The employer - an individual notifies the employee in writing of changes in the terms of the employment contract determined by the parties at least 14 calendar days in advance. At the same time, the employer - an individual who is an individual entrepreneur, has the right to change the terms of the employment contract determined by the parties only in the case when these conditions cannot be maintained for reasons related to changes in organizational or technological working conditions (part one of Article 74 of this Code).