Today we'll talk about what a change of employment contract deemed essential, and in any case, and how it can be implemented.
So essential conditions - these are the conditions prescribed in the Labour Code, as well as those who are recognized as such specific labor agreement in the enterprise.Labor Code of the essential or mandatory conditions and recognizes the work place specifically designated place of employment in accordance with qualifications, dates of commencement and completion of the work, as well as the conditions under which the work is paid.These points must be included in the contract and in the absence of agreement on any point labor agreement can not be concluded.Let us explain a little more, which includes these terms.
Workplace - must indicate the exact location and name.
Rod Operation - a new employee with the obligatory caveat that they remain constant throughout the work contract.
start and completion dates of work - it is important to also indicate the employee will begin his duties immediately after the conclusion of the contract or the parties agreed time.
Payment - information on the applicable tariff rate, salary;It also specifies the type of employment contract - fixed-term, seasonal, and others.
Changing the material terms of the employment contract, mentioned above, involves changing organizational (translated in connection with the restructuring, for example) or technological working conditions (this is, for example, the introduction of a new process).Such changes are permitted only with the written consent of the employee and expressed the head.The Labour Code we find important note: changing the employment contract (the terms and conditions compulsory) should not lead to deterioration of the employee.
should know that essential conditions are even in the absence of a written contract of employment, if the employee has actually allowed for duty.So, a change in the employment contract, even if he was not made on paper, often described as the conditions can not be done only by the employer on his own initiative, without the consent of the hiring.The period in which the 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 reduced to 14 days.
the Labour Code stipulates several conditions that may change the employment contract by the employer.If you change the material terms of the work-function related, reason for their change can become the new conditions of work (development of other technologies or changing the operating mode enterprise).The exception is a situation where there is a threat of mass layoffs.In this case, such a measure as the reduced working hours may be introduced for up to 6 months.by a decision of the employer.The opinion of the trade union body at the same time must be considered, but the decision made by the head of the organization.
In practice, most of the issues is whether the transfer of staff to other work place regarded as a change in employment contract.Here you can see a few special cases.If it is translated into a permanent job in another organization, a change of ownership or suspend an employee from work, not talking about changing the conditions of the current labor agreement, and the termination of the old, and possibly concluding a new.With regard to the transfer of an employee to another permanent job within the same organization, the Labour Code considers a change in job description, and hence the essential terms of the employment agreement.Of course, when drawing up the contract with the hiring, his work performance should be clearly marked.Change positions with the change of employment functions may not be connected.These cases are also stipulated in the TC (Art. 57, second part).
change in the employment contract in terms of its additional conditions, including test lines, additional insurance, the obligation to fulfill the specified period after training at the expense of the company, etc., as is permitted only by mutual agreement of the parties.
