Everyone strives for career advancement. For this, he tries to cope well with his labor duties, and can also combine several positions at once. But sometimes citizens have to face demotion. This is possible only if there are good reasons, as well as with competent documentation by the employer. A person is reduced in his post if he can not cope with his duties or his health condition worsens.
Concept of lowering
Demotion of an employee is represented by a process in which a citizen is transferred to a lower post, for which a lower position is selected. This process is accompanied by a negative reaction from the employee. Even business leaders do not respond well to demotion, as the process takes a lot of time and requires the preparation of numerous documents.
Most often, such a procedure is implemented if there are really good reasons for which it is impossible to leave the employee to work in the same position.
Reasons for implementation
Article 81 of the Labor Code contains information on the reasons why a demotion of an employee is allowed. The employer must make sure that the reason is respectful and that the employee’s labor rights are not violated in any way, otherwise they will have to face the negative consequences of their illegal decision.
The most popular reasons for demotion are the following:
- Replacement of another specialist who goes on long unpaid leave or on maternity leave, and this decrease is temporary, therefore, after a certain period of time, the citizen returns to his previous place of work, and can also expect an increase.
- Suspension of the company in which the citizen works, so if the company is idle, the manager has the right to transfer employees to lower positions, which is indicated in art. 72 shopping mall.
- According to Art. 74 of the Labor Code, demotion is allowed if an employee, without good reason, refuses to fulfill his labor duties on the basis of his position, for example, if the employer legally increases the load, therefore, with such a refusal, a transfer to a lower position with light working conditions is proposed in writing.
- Based on Art. 81 of the Labor Code, demotion of a specialist is allowed as part of the reduction of staff or position, for example, another citizen who has the pre-emptive right to remain in the company is offered another position, but the position he occupies is completely removed from the staff list.
- As a result of certification, it is established that the citizen’s knowledge and skills are not enough to easily cope with the basic tasks of the position, and the professional suitability of employees is usually carried out by conducting exams and tests, so if a person can’t get the right amount of points, the director can issue an order to demote such an employee.
- The transfer is due to medical indications, so if a person's health condition worsens, which leads to the inability to fulfill the requirements of the employer, then he may be demoted, and the citizen must agree to receive a new appointment.
- A pregnant woman is lowered if, during work at the previous position, adverse health effects occur on the health of the employee and her fetus.
Another significant reason is any violation detected by the employer in the exercise of his duties by a citizen. As a punishment, managers often resort to demotion. This is even possible in public institutions where employees abuse their powers or simply deliberately refuse to perform official duties.
Process rules
According to Art. 74 and 81 of the Labor Code, demotion of an employee should be carried out only when certain requirements of the law are taken into account. Therefore, the following rules are taken into account:
- if the company leader has changed or the latest technological equipment has been introduced into the production process, the new director can review the provisions of labor contracts concluded with different employees, and the process is carried out without obtaining consent from employees;
- the employee of the enterprise must be notified of the reasons and features of the change in the labor agreement two months before making adjustments;
- employees are warned of edits solely by written notice;
- if a person does not agree with the amendments, then a lower level of work may be offered to him;
- if the employee does not want to transfer to another job, then the employment relationship is terminated with him.
Can they demote without the consent of the employee? If the employer really has a good reason for this, then he may not ask for the consent of the hired specialist.
Is employee consent required?
Demotion is an unpleasant event for every person, since almost all citizens want to climb the career ladder. But if the employer really has good reasons for making such a decision, then the citizen will not be able to take any measures to change this decision.
If there are good reasons, it is not required to obtain prior consent for demotion from the direct employee. He may not agree with this process, which leads to the termination of the employment contract.
Documenting
Section 81 of the Labor Code contains rules that employers who wish to downgrade an employee must follow. This includes the need to prepare certain official documentation, without which the process is easily contested in court.
Upon demotion of an employee, it is required to prepare the following documents:
- a new employment contract, which indicates the labor duties that appear on the employee on the basis of the new position;
- it is often enough to draw up an additional agreement to an existing contract if the changes are not too significant;
- if the process is implemented as a result of the fact that a person does not cope with his job responsibilities, an official note is required from the immediate supervisor;
- if the decrease is due to medical conditions, then an appropriate medical certificate containing information about the employee’s state of health is needed;
- if staff reductions are made, then a notice is required to be given to employees two months before this procedure;
- Additionally, when transferring a person to a new position, the publication of an order by the head of the company is required.
Only the correct documentation will allow in the future to protect against unreasonable claims of employees, who often go to court to dispute demotion or dismissal.
Rules for writing a memo
If the decision to transfer to another position with a decrease is made by the immediate supervisor of the employee, he compiles a memorandum addressed to the general director of the company. This document indicates the following information:
- personal information about the employee to be lowered;
- grounds for transfer to a lower position;
- the name of the department in which the hired specialist works;
- professional qualities, skills and abilities that a citizen possesses.
This document is signed by the immediate supervisor, and then transferred to the employee for examination. If a citizen does not agree to legal transfer, then he is offered a dismissal.
Is salary decreasing?
According to article 81, a mismatch of the position may be the basis for demotion. If a citizen does not agree with this process, then he will have to quit, because according to the results of certification he cannot continue to work in the last place of employment.
When moving to a new position, salary usually decreases, as the employee is faced with lighter working conditions.
When does earnings not decrease?
But in some situations, the employer does not have the right to reduce the salary of a specialist. This applies to the following cases:
- deterioration of the employee's health;
- the transfer is due to the pregnancy of the employee;
- a new place of work is proposed as a result of the fact that in the last place a citizen during the performance of labor duties received an injury or an occupational disease.
In other situations, income is usually reduced. This is especially true for demotion based on certification results.
Features of lowering for medical reasons
If a person works in any difficult or specific conditions, then he needs to have good health. If he is found to have any health problems or illnesses, then he cannot legally continue standard work. Under these conditions, the employer can offer him a job that will be lower in rank.
Under such conditions, even the written consent of the transfer from the employee is not required, since in any case he cannot remain in his previous position. If the employer does not have suitable vacancies or the citizen does not want to be transferred to another job, then the employment relationship is terminated.
Can it be used as a punishment?
Often, employers take advantage of demotion in the form of disciplinary action for various violations committed by employees during the implementation of labor duties. According to the law, there are only three types of penalties, represented by reprimand, remark or dismissal. Therefore, demotion cannot be a way to punish a negligent employee.
Under such conditions, the employee may complain to the labor inspectorate or prosecutor's office. Based on his official statement, an audit will be conducted. If an illegal demotion is revealed, the employer will be held administratively liable for violation of the employee's rights. This will lead to the payment of a fine of up to 5 thousand rubles, and also the citizen will be reinstated. Therefore, the leaders of different enterprises should competently approach the redeployment of personnel.
Conclusion
Demotion is possible only with good reason and competent documentation by the employer. Most often this occurs when job cuts, medical conditions or on the basis of depressing certification results.
If the employer unlawfully demotes an employee in his current position, he will be held liable. An employee can apply for help to a court, by the decision of which he will be reinstated at his former place of work.