Today we’ll talk about which changes in the employment contract are considered significant, and in which case and how they can be implemented.
So, the essential conditions are the conditions prescribed in the Labor Code, as well as those that are recognized as such by a specific labor contract at the enterprise. The labor code recognizes as essential or mandatory conditions the place of work and the specifically designated place of employment in accordance with the qualification, the dates of commencement and completion of work, as well as the conditions under which labor is paid. These points are mandatory for inclusion in the contract, and in the absence of agreement on any item, an employment agreement cannot be concluded. Let us explain in more detail what these conditions include.
Place of work - the exact location and name of the organization must be indicated.
The type of work is the function of a new employee with the obligatory reservation that they remain constant throughout the entire labor contract.
Dates of commencement and completion of work - it is also important to indicate here whether the employee will take up his duties immediately upon conclusion of the contract or after the time agreed by the parties.
Terms of payment - information about the applicable tariff rate, salary; it also indicates the type of labor agreement - urgent, seasonal, etc.
A change in the essential conditions of the employment contract indicated above implies a change in organizational (translation in connection with restructuring, for example) or technological working conditions (for example, the introduction of a new technological process). Such changes are allowed only with the written consent of the employee and manager. We find an important note in the Labor Code: a change in an employment contract (its mandatory conditions) should not lead to a worsening of the employee's position.
You should be aware that the essential conditions apply even in the absence of a written labor agreement, if the employee is actually authorized to perform duties. This means that a change in an employment contract, even if it was not drawn up on paper, in terms of the described conditions, cannot be carried out by the employer only on his initiative without the consent of the employee. The time period within which an employee must be notified of such changes is 2 months. At the same time, for religious organizations and individuals as an employer, the same period has been reduced to 14 days.
The Labor Code of the Russian Federation stipulates certain conditions under which a change in an employment contract is possible on the initiative of the employer. If the changing essential conditions are not connected with the labor function, the basis for their change may be new working conditions (the development of another technology or a change in the operating mode of the entire enterprise). The exception is the situation when there is a threat of mass dismissal of employees. In this case, such a measure as a shortened working day can be introduced for up to 6 months. by decision of the employer. The opinion of the trade union body should be taken into account, but the decision is made by the head of the organization.
In practice, the most questions are raised by whether the transfer of an employee to another place of work is regarded as a change in an employment contract. Here you can consider several special cases. If we are talking about transferring to a permanent job in another organization, changing the owner or removing an employee from work, they are talking not about changing the terms of the current labor agreement, but about the termination of the old and, possibly, the conclusion of a new one. As for the transfer of an employee to another permanent job within the same organization, the Labor Code of the Russian Federation considers the change in the labor function, and, therefore, the essential conditions of the labor agreement. Of course, when drawing up a contract with the hired person, his labor function should be clearly indicated. A change of position with a change in labor function may not be related. These cases are also stipulated in the Labor Code (Article 57, second part).
Changing the employment contract in terms of its additional conditions, including test lines, additional insurance, the obligation to work out the specified period after training at the expense of the company, etc., is also allowed only by mutual agreement of the parties.