Grounds and procedure for changing the terms of an employment contract. Changing the terms of the employment contract at the initiative of the employee

Change previously certain conditions employment contract can also be done at the employee’s initiative. General scheme The interaction between employee and employer is in many ways similar to that provided for in Article 72.1 of the Labor Code of the Russian Federation, but it also has some nuances.
So, if an employee sees the need to change any terms of the employment contract and this is not related to the circumstances provided for in Article 72.2 of the Labor Code of the Russian Federation, he should first of all notify the employer about this. For this purpose, the employee may send the employer a written or oral statement, outlining the motives that prompted the appeal. In addition, the application should apparently indicate the expected timing of changes to the terms of the employment contract.
The basis for changing the terms of the employment contract in the above situations is additional agreement to the employment contract concluded between the employee and the employer. If the employer does not agree with the employee’s proposal, the terms of the employment contract remain valid in their original form.
IN necessary cases the employer's opinion may be brought to the attention of the employee in in writing(for example, in the resolution on the application submitted by him). For his part, the employee does not have the right to exert any pressure on the employer who has expressed disagreement with the proposal to change the terms of the employment contract.

1. Special issues of changing the terms of an employment contract

Let's consider further special issues changes to previously determined terms of the employment contract. These, in our opinion, should include:

• changes caused by a change in the owner of the employer’s property, changes in its jurisdiction or reorganization (Article 75 of the Labor Code of the Russian Federation);
• changes caused by the removal of an employee from work (Article 76 of the Labor Code of the Russian Federation).

Let's look at this in more detail.
As follows from Article 75 of the Labor Code of the Russian Federation, a change in the owner of property gives the new owner the right (within three months from the date such a right arises) to terminate employment contracts with the head of the organization, his deputy and the chief accountant. It is up to the new owner to decide whether to use this right or not.
Listed workers on their own initiative they can (in writing) refuse to continue work in connection with a change in the owner of the property. In this case, employment contracts with by the specified employees terminate their validity in accordance with paragraph 6 of part one of Article 77 of the Labor Code of the Russian Federation.
It is important, however, that a change in the jurisdiction (subordination) of an organization, as well as its reorganization, cannot serve as a basis for terminating employment contracts with employees. At the same time, employees on their own initiative may (in writing) refuse to continue working due to the onset of the above circumstances. In this case, employment contracts with these employees are terminated in accordance with paragraph 6 of part one of Article 77 of the Labor Code of the Russian Federation.
Removal of an employee from performing work assigned to him in accordance with the employment contract ( labor function) provided for in Article 76 of the Labor Code of the Russian Federation. For example, if an employee appears at the enterprise in a state of alcohol, drug or other intoxication, if medical workers contraindications for the employee to perform work provided for in the employment contract, etc.
It is necessary to clarify that the employer has the right to remove the employee from work (not allow him to work) only for the time actually necessary until the circumstances that caused
This constitutes a basis for removal from work (preclusion from work). During this time, the employee is not accrued wages stipulated in accordance with the terms of the employment contract concluded with him, except in cases provided for federal laws.
In particular, civil servants temporarily suspended from office in connection with committing disciplinary offense, for a period of up to one month, can be stored salary By corresponding position. If the removal of an employee is due to his involvement as an accused, then the latter is paid during the relevant period state benefit in the amount of 5 minimum wages per month.
If the removal of an employee from performing the work (labor function) assigned to him in accordance with the employment contract is caused by circumstances excluding the employee’s fault, the employer is obliged to pay for the time for which the employee was actually suspended from work, as for downtime. However, in certain situations, the employer has the right to refuse to provide an employee with work (admission to work) even after the circumstances that were the basis for removal from work (non-admission to work) have been eliminated. For example, an employee who appears at the workplace in a state of intoxication and subsequently sobers up may be dismissed by the employer the very next day after removal from work in the manner and on the basis provided for in subparagraph “b” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation. In order to avoid disputes and disagreements between the employee and the employer, the fact of appearing at the workplace in a state of intoxication must be properly documented - for example, in the form of an act.
Removal of an employee from work at the request of management bodies ( officials) is permitted only in cases where such bodies (persons) are vested with the appropriate powers in accordance with federal laws (regulatory acts). Such powers, in particular, are granted to the bodies (officials):

• Federal Labor Inspectorate;
• Rospotrebnadzor;
• arbitration.

More on the topic Changing the terms of an employment contract at the initiative of the employee:

1. 1.2.3. Changing the terms of the contract at the initiative of the employee
2. 90. What are the obligations of the employer in relation to an employee whose terms of the employment contract were subject to change for reasons related to changes in organizational or technological working conditions?
3. 3. DISPUTES ARISING UPON TERMINATION OF AN EMPLOYMENT CONTRACT BY AGREEMENT OF THE PARTIES AND DUE TO THE EMPLOYEE’S REFUSAL TO CONTINUE WORK IN CONNECTION WITH CHANGES IN THE TERMS OF THE EMPLOYMENT CONTRACT SPECIFIC BY THE PARTIES
4. Changing the terms of the employment contract determining the employee’s place of work
5. 94. What are the consequences if the employee does not agree to continue working with a change in the terms of the employment contract determined by the parties?
6. Termination of an employment contract at the initiative of the employee
7. 1.3.7. Termination of an employment contract at the initiative of the employee
8. 3.3. Termination of an employment contract at the initiative of the employee
9. Changes in the terms of the employment contract due to changes in organizational and technological working conditions
10. 102. What is the procedure for terminating an employment contract at the initiative of an employee?
11. Termination of an employment contract due to changes in the terms of the employment contract
12. 93. When can an employer, on his own initiative, change the terms of an employment contract determined by the parties?
13. 109. What guarantees are provided to employees when their employment contract is terminated at the initiative of the employer?
14. 136. What additional guarantees do elected trade union workers enjoy when their employment contract is terminated at the initiative of the employer?
15. 4.1. Features of changing the essential terms of a part-time employment contract

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In the event that, for reasons related to changes in organizational or technological conditions labor (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.

About upcoming changes determined by the parties terms of the employment contract, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than two months in advance, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to the employer (as vacant position or a job that corresponds to the employee’s qualifications, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all the relevant specified requirements vacancies available to him in the locality. The employer is obliged to offer vacancies in other locations, if so provided. collective agreement, agreements, employment contracts.

In the absence said work or the employee refuses the proposed job, 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 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 and in the manner established by Article 372 of this Code for the adoption of 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.

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.

Comments to Art. 74 Labor Code of the Russian Federation

1. The employer has the right to change unilaterally terms of the employment contract, if there is a set 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 previous conditions the employment contract cannot be saved; 3) changes in the terms of the employment contract do not affect: profession, specialty, position, qualifications, specific type assigned work; 4) the employee is notified by the employer in writing no later than 2 months in advance. O upcoming change 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 proposed 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”).

CHANGING THE TERMS AND CONDITIONS OF THE EMPLOYMENT CONTRACT SPECIFIED BY THE PARTIES

BY AGREEMENT OF THE PARTIES:

SAMPLE STEP-BY-STEP PROCEDURE

2. Signing with the employee written agreement on changing the terms of the employment contract determined by the parties.

This is one of the main steps in a step-by-step procedure for changing the terms of an employment contract determined by the parties by agreement of the parties. Co the announcement is drawn up in two copies (one for each of the parties), if more No copies are provided for this employer.

3. Registration of an agreement to an employment contract in the manner established by the employer, for example, in the journal of registration of agreements to employment contracts with employees.

4. Handing each employee his copy of the agreement.

The employee’s receipt of a copy of the agreement should be confirmed by the employee’s signature on the copy of the agreement, which remains in the custody of the employer. We recommend Vstep-by-step procedure for changing the terms of an employment contract determined by the parties by agreement of the parties before the signature put the phrase “I have received a copy of the agreement.”

5. Issuance of an order (instruction) to change the terms of the employment contract determined by the parties.

6. Order registration(orders) in the order established by the employer, for example, in the journal for registering orders (instructions).

7. Familiarization of the order with the employee’s signature.

Note.

Keep in mind that in some cases, changing the terms of an employment contract may be a continuation of the employer’s acceptance procedure or amendments to some other documents, for example, local regulations.

Thus, changing the terms of the employment contract regarding the amount wages traditionally preceded by the approval of a new staffing table or changes to the existing one staffing table, in the regulations on remuneration.

Changes in the terms of an employment contract regarding the dates of payment of wages and working hours are usually preceded by changes to the internal labor regulations.

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