Employees of enterprises often encounter difficulties caused by technological changes introduced by the owner in the workplace. They are regulated by Art. 74 Labor Code of the Russian Federation. We are talking about a situation when it is necessary to perform duties that were not previously specified in the employment contract. Let's look at how legislation regulates these situations.
What does art. 74 Labor Code of the Russian Federation
This part of the Labor Code explains what to do when an employee’s responsibilities change dramatically. The fact is that when hiring a person, he agrees to perform certain functions. The employer has no right to force him to do more. But production is developing (or degrading). Consequently, the conditions are changing. Protects in this situation, workers Art. 74 Labor Code of the Russian Federation. It regulates the relationship between administration and workers so that the latter do not suffer. This clause of the law obliges the authorities to inform people in advance that changes are coming. In addition, he explains what should be done in case of various reactions of a worker to a change in the terms of an employment contract. After all, not everyone agrees to perform completely different duties. This is due to both qualifications and the state of human health. He is given the choice: either voluntarily agree to change, or refuse. Each of the employee's decisions should lead to a legislatively conditioned reaction of the administration. Let's consider them in more detail.
Changing the terms of an employment contract
The previously studied article was not popular among managers and owners of production facilities. However, the crisis is making adjustments to the practice of labor relations. Some saw in it opportunities favorable to the administration. So, Art. 74 of the Labor Code of the Russian Federation allows management to amend the contract unilaterally. That is, coordination with the employee is not required. It is no secret that they try to use this rule to reduce wages. But not for nothing that the document refers to the terms of the contract. This refers to the reorganization of production, the introduction of new technologies. That is, the employer's trick when closely studying the situation immediately turns out to be visible.
Workers should insist on the fulfillment of the terms of the contract, not agree to direct fraud, fight for their rights. After all, the article under study provides the employee with a choice. In addition, literally following its conditions will make it possible to be reduced, which compensates to some extent the loss of a person. Therefore, it is advisable to monitor the work of the administration, which the law requires in writing to explain what changes have occurred in the enterprise (part 2 of article 74 of the Labor Code of the Russian Federation). Let them prove that working conditions have become completely different. Otherwise, the person must insist that the employer comply with the terms of the contract. Not willing - go to court.
Alert employee about changes
Studying Art. 74 of the Labor Code of the Russian Federation with comments, one can see a number of serious points that the administration must observe. It is important that the law requires a person to be warned of changes two months before they are implemented. Information should be provided to the worker in writing. In practice, an order is created to restructure. Under its text, employees are required to put their signatures. As a rule, this provision is fulfilled. This document may be one of the evidence in resolving contentious issues. Therefore, personnel officers comply with all formalities.What to do to the employee who put his signature on a similar document? There are two options: to agree or refuse. But do not rush to go about the administration. All options should be considered first.
Administration Responsibilities
An employer cannot just change production. Legislation obliges him to take care of the future fate of workers. Along with information about changes, a person is offered a different place. At the same time, the administration offers the employee all the vacancies available in the new structure, both corresponding to the current level of wages, and those where there will be less money. It is legislatively fixed that it is necessary to provide a person with a choice of all the places that correspond to his state of health in a given area.
Or in other settlements, if it is taken into account in the collective agreement. If a person refuses all offers, then he will be fired. According to Art. 74 of the Labor Code of the Russian Federation it is impossible to break an employment contract. She refers to other articles of law. So, if a person does not want to change the terms of the contract, then he will be fired according to Art. 77. This is beneficial to the administration. After all, according to this article, a small allowance is paid to the employee. So, the company is not much spent. As practice shows, management seeks precisely this turn of events. It wants to avoid the development of conflict and more serious expenses.
Part time
Suppose an enterprise is being rebuilt so much that a large number of its workers are waiting for a change. In this case, the law allows people to be transferred to part-time work. Naturally, it is unprofitable for people. They lose money. But such a turn is very satisfied with current employers, reducing costs. However, it is not necessary to agree to a reduction in working hours. On the contrary, in case of refusal, the employees are obliged to reduce, which leads to the payment of a decent allowance. There is one more limitation. The mode of reduction of working time can not be eternal. It is administered for a period of up to six months.
Conclusion
The article under study underwent significant changes in 2006. The new edition allows the employee to confidently object to management in case of changes in the workplace. She gave the working person the right to demand from the bosses explanations of decisions from which he might suffer. You only need to know the nuances of the law and use them.
