From continuing to work in connection. Refusal to continue the journey in a dream

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The path to the Emperor in a dream

I dreamed of such a beautiful and strangely close Asian world. There were many small provinces (villages) in this world. And the inhabitants revered and feared their Emperor. All his orders were implicitly carried out. And sooner or later a sad event happened in some family. The servants of the Emperor would come and forever take beautiful young people from the family, whether they were a boy or a girl. For the inhabitants of that world, it was a familiar and sad routine, but for me it seemed terrible.

The dream began with a conversation with one of the young men. He desired the return of his beloved who, you guessed it, was now forever in the service of the Emperor. Of course I agreed to help him.

He and I stood on the sandy shore of a small but distant river (as I called it myself). He said goodbye to his parents. They were very frightened and tried to dissuade their son from traveling to the Emperor's Ice Palace (I don't remember exactly what they called it). According to their customs, no one voluntarily had the right to even approach this palace. What can we say about the desire to see the Emperor himself inside his domain?

The path began from the bank of the Far River. It was good and the sun was shining. The young man sat on a strange water mechanism resembling a catamaran. The helmsman sat just above the passenger, who in this case was me. The catamaran had pedals and only one seat (now I realized that it looks like a wheelchair but with pedals). And for some time this passenger could not understand where to sit here. The young man explained everything to me. I sat down (or somehow lay down) on the bottom of this catamaran and was in the water. The joy and ease with which we began the Path along the Distant River for the girl whom he loved so much cannot be conveyed. The young man stepped on the pedals and we swam ... (it was like the feeling when we were little for the first time learned to swim). We laughed, talked and rushed as fast as dolphins probably swim. After some "time" ahead of us was a high waterfall, many meters down the water fell beautifully. The young man only smiled at my fears about the future, I became calm and there was no more fear (I am afraid of heights but not water). From the Falls, I flew down, a little longer, as if it were real, but very, realistic. The lake was rapidly approaching, I got more air into my lungs and flopped into the water. (for the first time, even in a dream, I was not afraid to fall). When I surfaced, I realized that no one would stop me anymore ... A young man surfaced next to me, still infectiously cheerful and just as saddened by his grief. We were talking about something while swimming on the lake. But suddenly I find myself on the sandy shore again.

I look around, I see nets hanging next to the river, I see a hut. Suddenly I realize that this is my house, I see my mom and my dad (he left the world in 99.). Now I'm that boy, now I love that girl. Mom with tears in her eyes dissuades me. But I answer her that I am not afraid of the Emperor, that he is also a man, I just want to talk to him. And then dad wants to tell me something, but he can't. His jaw is tightly clenched and his eyes are full of fear. (I am still trying to understand this episode in my dream). The last thing I remember as I set out on my journey was the tears and mute sounds of my Father.

Now I was swimming alone on the Distant River, and the closer I got to the Ice Palace, the more anger grew in me. I looked around and saw different villages, beautiful nature. It seemed to be one piece! I could not understand the "greatness" with which the Emperor surrounded himself, could not understand why they were taking people away and why everyone was used to it. They destroyed families, left parents without their children, leaving only tears for both. Traveling along the river, I became more determined, more fearless and my anger grew ..

And finally, a panorama opened up to my eyes (see the photo, a very strong similarity). In the middle lay the path of the Far River, to the left in the distance was the Ice Palace. To the right are beautiful cities. What I saw took my breath away. I have never seen such grandeur and such beauty anywhere else.

Got it.

All the outbuildings around were made of stone, only the main palace was

From ice and chalk the shape of a pyramid. On the way to the main entrance, I did not come across anyone. I walked and contemplated. I did not understand only one thing, how now in this big place I can find the Emperor. But I knew that no one would take me to him by the hand. And suddenly I realized that The best way is to let you know that I'm here.

Here in front of me is a door made of thick ice. Without a moment's hesitation, I pick up a stone and throw it. The door will shatter into many pieces of ice, I pay attention to the fact that these pieces are beginning to melt. And again no one. After standing for a while, I stepped inside the palace. Everything inside was made of ordinary materials, but in the Japanese manner. Then I realized that the pyramid had only walls and a floor of ice. Everything was so beautiful and everywhere was very light. The first room where I saw people was the kitchen. Then, wandering around the palace, I met many different rooms and halls, all of them were intended for something (the kitchen is the kitchen). Nobody paid any attention to me. Sometimes they smiled at me, some I asked one question how to find the Emperor. But I didn't get any answers.

I accidentally went into a large hall, there hung a large golden chandelier (maybe it has some other name, I just don’t know it.) And in the middle there are very steep steps going down. Obviously, together, shoulder to shoulder, you can’t go down and up this ladder. At that moment, a man comes up to me and says:

What have you done? How dare you? Nobody has the right to come here. Come after me. The Emperor wishes to speak with you.

Here I realized that all this time the emperor was waiting for me. But why didn't I know about it? We began to descend the stairs very carefully, I held on to the railing very tightly and again I felt uneasy. Not so much from the height as from the steepness of the steps. The Asian descended from behind. We slowly moved forward and he explained something to me. I don't remember exactly, but I think we went into the elevator. He pressed the top button and we went to the top.

The doors opened and I went in. It was a medium-sized room, all in the same Japanese style. Lots of light and lots of young girls and boys. All were half naked. The first person I remember is a smiling young man with a glass in his hand, covered only with a towel. He was a little drunk, as were most of the people in this room. At that moment I understood who they were and why they were here. These are the ones who were taken by the servants of the Emperor from their families. I hurt like never before. Looking to the right, he saw a girl who was sitting alone on the sofa with her head down. This was the one for which I broke all the rules of the Emperor. I approached her, behind the sofa on the wall hung a katana (I just called it that). The one for whom I came looked at me, jumped to her feet and kissed. Through kisses with sad eyes she whispered:

Don't go to him, you won't achieve anything. Please leave.

From her frightened look, I realized where the Emperor was. Without saying a word, I went to the door behind which He was. My beloved tried to hold me and pulled by the hand, but I turned away. And opened the door.

I saw myself from the side, around the darkness. I sat on the edge of the bed and dropped my head into my hands (probably cried), there was no anger, just a feeling that nothing could be returned. Only the bed on which I sat was lit, the rest was in darkness, and I knew for sure that I was not alone in these chambers.

Now I stand behind the Ice Palace and know that the emperor is dead. How it happened and what happened is not remembered. I hear how the fuss began, I know that the servants, the soldiers are all looking for me. What for? Don't know. I hear the bugle announcing the death of the Emperor. And the code he sounds in my head flashes the words "The Emperor is dead." I know that I must hurry. Right in front of me is a long pool, I understand that this is my only chance to escape. You just need to be able to swim it to the end under water. That's exactly what I did. I emerge from the other side last time looked at the palace and went on.

Now I had no purpose. I passed by the city that was behind the Ice Palace, it was already getting dark. Around were small houses, everything was calm and beautiful against the backdrop of the evening. Doors and windows were closed and there were no people anywhere. (In my opinion they were there. Hiding) But suddenly a bugle rang out and the words in my head again flashed "The Emperor is dead." And then, from under the shutters on the windows, from under the doors, blood slowly began to flow. Blood flowed to the ground and fell into the channels through which it should

There was water flowing. These channels were all over the city and the roads were made of stone. I wandered in silence and looked at it all in horror. Suddenly I saw a girl with a stroller, she was very frightened and came up to me. She just asked what was going on. To which I replied: - Do not be afraid, let's go, I'll see you off.

How the dream ended.

Two people with a stroller descend along a wide stone road, the Great Ocean awaits them below, and the Beautiful Evening Sun illuminates their path!

Thanks to those who read.

First there was a dream with Vanga. Then it's a dream. Then I was fired from my job. My wife and I separated (but not divorced). For half a year I suffered and was alone. For half a year I sat with my head in my hands ...

Refusing a kiss in a dream

I came from a vacation, and my young man was waiting for me near the entrance with his friend, at the meeting I hugged him, his friend asked: "can you kiss him?", (before that there were no kisses) I decided to kiss, he refused me, later I decided to try again, to which he told me: "let's better on the cheek"

I know that I have some kind of long journey ahead, my companion (my husband in life) offers to go through the forest: pine trees grow quite rarely and a clearing opens before my eyes, along the outskirts of which I see piled trees, resembling the entrance to huge holes .

This causes fear in me and I warn him that homeless people (this is the word) live in this forest, who, if they catch us, will leave us as prisoners to live with them. My husband persuades me not to be afraid and we begin our journey, at the same time the forest begins to stir, I notice that among the tall grass everywhere we are surrounded more by warriors in camouflage clothes than by vagrants.

Horror seizes me, we start to run, I understand that in a fight with so many people my husband will not be able to cope, he remains somewhere behind, I continue to run and wake up with a cry of despair. Initially, according to the sensations, the forest itself did not cause fear or disgust, on the contrary, some kind of calmness that happens while being in a green forest on a warm day at the end of summer in early August. What can this dream mean, a bright and clear dream from Thursday to Friday (if it has any meaning).

Path in a dream

Had a dream today way!

I go into the house where we are going to celebrate the holiday with new friends. I understand that I arrived early. I leave the house. I am walking down a very narrow street. Cows are walking along it. To the right, to the side I crossed, a cow's head rolls. And it looks like there were two of them. I go to the entrance. I appear in the apartment of old friends with whom I very rarely communicate. It turns out that they also gathered with the old company to celebrate the holiday (it looked like New Year but without snow and frost). The music is very loud in the apartment. I'm moving to another apartment.

My relatives are there. And two of them are no longer alive, grandparents. What is strange, in a dream, I clearly understand that my grandmother is no longer there. We sit down at the table. We raise our glasses. Grandfather makes a toast, laughs, and his face is terribly wrinkled, like the narrator in the movie Tales from the Crypt. Returns to normal. We clink glasses, all the vodka flows down the hand. For some reason, he brought ice-cream dumplings with him.

My grandmother cooks them for me and serves them on a plate. Then I'm going to go to the first house, to new friends. I go out to the entrance, go down the stairs. It so happens that at this time old friends also gathered on the street. I decide to approach their crowd, to say hello to those whom I have not seen. But I can’t do this, because people got between us, it became not convenient to approach, and I decided to go further, to the first house, but I understand that I can’t find my way there.

This is where the dream ends.

Refusing a kiss in a dream

The person who refused to kiss me himself showed signs of attention, and when I touched my lips, they refused me. Feelings were mixed and rather incomprehensible. I was afraid that people who saw it would tell about this case. The man who denied me a dream, real life I'm pretty cute.

Help decipher the dream please

Continuation of sleep with a heart in a dream

Although I am a woman, I don’t really like shopping, I don’t like shopping. But in a dream, I went shopping with great pleasure. I chose different clothes for myself, bright and not very bright. And so, I’m walking from the store, carrying my new clothes in my hands, and I hear that my phone is vibrating (when messages arrive, I recognize this by the vibration that I have set as a call). And I see that I received a message from my young man. He is older than me, before we started dating, he lived in a civil marriage with one girl, but then something didn’t work out in their relationship, she left, he stayed. In my dream, he writes that he asks for my forgiveness and tells me that we need to leave because the girl with whom they lived for more than a year in a civil marriage returned to him. I tell him that I would not want this, that everyone in this life went through parting meetings, but

This does not mean at all that you need to return as soon as you are asked about it (besides, this girl left him for his friend). I tell him that you should not forgive her, that I love him and want to be with him. But he still insists that we break up.

Our discussion in my dream lasted a long time and everything was in this spirit - I asked to stay, he asked to leave. And then I wake up from the fact that ... My phone vibrates. An incoming message woke me up. What was my surprise when, having opened the message, I read in the column "Recipient" the name of my beloved, who congratulated me on the holiday - March 8 in the early morning. There was no hint that we should part ways in the message.

Maybe this dream meant that our relationship, despite the fact that it came to an end in a dream, continues in reality, no matter what?

I would really like to know the interpretation of this dream.

P.S. By the way, in a dream, we did not come to a single decision. Our correspondence via sms was awakened by a real message that a friend sent me with congratulations. What could this dream mean?

Continuation of sleep within a dream

I'm climbing a unicorn. Just above this river, either candles or torches light up (I did not understand what it was). We (I, death, a unicorn and a wolf) are walking along this road like a plane taking off at night along its lane (I didn’t think about the plane in a dream).

This path leads me to the castle. I try to enter, but something holds me, does not let me in. I look around, a wolf is holding me by the mantle (the candles or torches have gone out). He abruptly releases me, I fall into the blood and begin to drown, because. It has become as deep as the sea. I quickly go deep. I open my eyes in a coffin (double) with that girl, she is whole, but very pale. All

The dream happened today. I woke up at 5 o'clock and then could not sleep. Maybe the dream doesn't mean anything? Maybe such a dream is due to movies, games, etc.? I apologize for punctuation and spelling errors. Thanks in advance.

Continuation of a dream about a grandmother in a dream

Today... Again the city where I lived before, my childhood home...

My dog, who was euthanized about 4 years ago (and she was already dreaming relatively recently ... Alive .. Pretty ... Stroking her) ... So another big dog began to take care of her (so to speak) ... She is from him shied away .... As a result, they grappled and she began to run away from him .... She ran to the children. The garden (which was near the house) ... Mine ran away from him ... And at the end of the gate my grandmother was waiting for them ... And there the doctors were already bandaging the dog that had stuck to mine and, in my opinion, even my grandmother ... Both dogs returned back ... Mine is safe and sound, and that bandaged one .... She took it in her arms and carried it home.

And after the dream switched that I was sitting with my friends in an institution and they began to take pictures of me.

Yesterday ... I dreamed of the same house, city ... And from childhood memories, I remember my neighbor_grandmother, who constantly screamed at her grandchildren !!! And the plot is that she again screams at them and even beats ... And I watch this through the window ....

And then, after some time, the plot changes.... My grandmother already... She almost dies in my arms... My heart stops abruptly... And she falls... I sob loudly, sobbing...

And one more thing... A lot of people... Apparently they were walking somewhere... And fooling around, we ask you to take a picture in a general photo... And there were 300 people .. And after a while, realizing that not everyone will fit into the frame, I take my camera and I start each one individually... And I switch to my friend... And I just start taking pictures of her.

That is, for the second day in a row my grandmother is dreaming ... And some kind of shooting ... Then I photograph .. Then I ...

Refusal of sleep assistance

It all started with the fact that I was swinging on an old chandelier in the Hermitage, flying past the works of Rembrandt. Museum grandmothers noticed me and called an ambulance for me, but by the time she arrived, I had already fallen off the historical value and successfully injured my knee on the no less historically valuable parquet. The ambulance that arrived at the scene examined my injured leg, the doctor smiled slyly and "went off into the sunset."

For the rest of the dream, I tried to get to a normal hospital and demonstrate my crippled limb to the wise people. I felt pain only when I fell, but for some reason my leg was incredibly disturbing during my whole sleep.

On the way, I met my former history teacher, I told him the story of how I broke my leg and he kindly offered to accompany me to the infirmary. Halfway through the journey, he changed his face, for some unknown reason, and also ran away from me.

After that, I accidentally met my dad, well, he certainly won’t be able to get past my trouble. But alas, he was on a serious mission and he asked me for help. My help consisted in the fact that I had to guard someone, it is not clear who and for what purpose. When I agreed to help him, he was delighted and said that after that he would definitely come with me to the cherished hospital. But during the assignment, he received an urgent call, and he informed me that I could be free.

I moved on in my solitary and clouded path of stupid expectations and empty hopes. Then I met a tall and fair-haired young man. He immediately began pointing his finger at me, laughing out loud and shouting that he knew me, that I was the same lady of the old chandeliers. I nodded dejectedly and didn't answer. He said that he knew how to help me, that he supposedly had an X-ray machine at home and he could look at my knee. I decided to accept his help. Once in his monastery, I realized that it was in such apartments that an X-ray machine could really stand. Everything was of incredible size, a huge staircase, a huge bed and a whole crowd of children who looked like ants against the backdrop of furniture for giants.

The snow was somehow damp (I even froze) and then the train approached, I saw that many people (like me, or rather, who were going there) began to jump on this train, The train was like * a freight train *, in general, I I also jumped into it, and for some reason climbed onto the roof, and there was a military man there and he told me that there was no need to go where I was going, supposedly there were robberies, murders, etc. And after some thought, as the train picked up speed, I jumped off and woke up. You know, like in the movies, everything is real, even the military as a soldier (in a helmet)!

I really love the village where my grandmother lived, I spent most of my childhood there. Grandma died, I grew up, but I dream of the village very often, and in this dream I was going there ....

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The employment contract may be terminated if the employee refuses to continue working due to a change in the conditions specified by the parties employment contract(part 4 of article 74 of the Labor Code of the Russian Federation) (clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation).

Article 74 of the Labor Code of the Russian Federation provides that in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they are allowed change at the initiative of the employer, with the exception of changes in the labor function of the employee.

The Supreme Court of the Russian Federation pointed out that such changes include changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production. At the same time, the introduced changes should not worsen the position of the employee in comparison with the terms of the collective agreement, agreement.

At the same time, courts of various levels, including the Constitutional Court of the Russian Federation, have repeatedly noted that the economic feasibility of introducing changes, their validity and necessity remain at the discretion of the employer.

The Moscow City Court indicated that the employer, in order to implement effective economic activity and rational property management have the right to independently, under their own responsibility, make the necessary personnel decisions, while ensuring the guarantees enshrined in labor legislation labor rights workers. The decision to change the organizational working conditions or layoffs is within the exclusive competence of the employer, who has the right to terminate the employment contract with the employee for one reason or another, depending on the path of reorganization chosen by the owner.

At the same time, the Labor Code of the Russian Federation does not prohibit the employer, if circumstances arise at the same time that require a change in the organization essential conditions an employment contract with employees and downsizing of specific individuals, initiate both procedures at once. The main criterion for the legality of the actions of the employer in this case will be compliance with the procedure established by law for carrying out measures to change the terms of the employment contract and reduce staff.

Thus, the reasons for changing the technological or organizational working conditions by the employer to determine the legality of terminating the employment contract do not matter. But at the same time, it must be borne in mind that changes in such working conditions really should take place.

Thus, refusing to satisfy the requirements for reinstatement at work and the recovery of average earnings for the time of forced absenteeism, the court of first instance correctly noted that organizational and technological changes in working conditions took place in LLC “S”, which led to changes in the working hours of an electrician, about whom V. was notified. Since the latter refused to accept these changes, the employer had the right to terminate the employment contract with him under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Due to the ambiguity of the concept of “organizational changes in working conditions”, employers often try to pass off a change as a change in organizational working conditions. organizational structure. At the same time, given that the name of the structural unit is a stumbling block for law enforcers, they periodically replace Art. 74 of the Labor Code of the Russian Federation cases of displacement or transfer. So, if the name of the structural unit is not agreed upon by the parties in the employment contract, its change is allowed without observing the conditions of Art. 74 of the Labor Code of the Russian Federation, since this event is the movement of an employee. In the same case, when the name of the structural unit is indicated in the employment contract, change it in accordance with Art. 74 of the Labor Code of the Russian Federation is very risky, given the prohibition established by Art. 72.1 of the Labor Code of the Russian Federation and an unresolved conflict.

A typical example is when the employer incorrectly qualified the relocation and dismissed the employee under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, is the following case: the employer had no grounds for dismissing an employee under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, since there was no change in the terms of the employment contract determined by the parties. The liquidation of a structural department in the form of a legal service cannot be recognized as a change in the terms of the employment contract determined by the parties, since labor function the plaintiff was preserved, the amount of wages remained the same. Moreover, a change in the name of the unit in which the employee worked and subordination cannot indicate a change in the terms of the employment contract determined by the parties.

In yet another case, the court noted that it follows from the staff list that the position of the driver of a car of the fourth category, which the plaintiff held, is not excluded. In the notice dated March 23, 2011, the defendant did not indicate the reasons that necessitated changes in the terms of the employment contract. In this regard, the panel of judges found it legitimate to conclude the court of first instance that no changes had been made in the organizational structure of production, technological working conditions at OAO “L”. Consequently, the employer had no grounds for changing the terms of the employment contract with the plaintiff and terminating the employment contract with him, in connection with the refusal to continue work due to a change in the terms of the employment contract determined by the parties.

Changes structural organization of labor at the employer can be recognized as organizational changes in cases where, as a result of objective reasons, there is a real redistribution of the functionality and the order of interaction individual workers and structural divisions, not only the structure is changing, but also the system, the organization of work of workers. It is not enough just to swap departments and reshuffle their functionality.

Thus, the court emphasized that the change in the terms of the employment contract determined by the parties was the result of organizational changes in the management structure with a redistribution of the load on departments or specific positions, and the dismissal of the plaintiff by the defendant was carried out in full accordance with the requirements of the law. Volume reduction official duties the employee specified in the employment contract was caused by the structural reorganization of the defendant and the reassignment of the department, the employer had grounds for terminating the employment contract with the employee, subject to other requirements provided for in Art. 74 of the Labor Code of the Russian Federation. As a result of changes in the terms of the employment contract determined by the parties, there have been changes in the management structure with a redistribution of the workload. A change in the scope of duties for a specific position is not a change in the employee's labor function.

In another case, the court pointed out that the mere fact of structural reorganization of units with the transfer of functions of one of them to another cannot be regarded as a change in organizational or technological working conditions (changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production).

It is necessary to pay attention to the fact that, as rightly noted by E.G. Sitnikova and N.V. Senatorova, the deterioration financial position the employer is not a reason to change the terms of employment contracts with employees in accordance with Art. 74 of the Labor Code of the Russian Federation. Indirectly, such reasons can serve as the basis for subsequent structural reorganization, re-profiling of the company's activities, etc. But in itself, the deterioration of the financial situation of the organization cannot be a reason for changing the terms of employment contracts and terminating them in the future.

It should also be taken into account that the temporary absence of work due to any temporary reasons not caused by organizational or technological changes is downtime, and not a change in the terms of the employment contract and is subject to appropriate qualification. Apply in this case Art. 74 of the Labor Code of the Russian Federation is completely incorrect.

For example, according to the order of the employer, due to the lack of a sufficient amount of work and the impossibility of full financing, working days from June 29, 2009 were indicated to be considered downtime due to the fault of the employer. The employer paid during this time in the amount of 2/3 of the average wages. The plaintiff was sent a notice of a reduction in salary in connection with the above order, she was warned that in case of disagreement she would be fired under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation. The court concluded that the dismissal of the plaintiff was not due to changes in organizational or technological working conditions, changes in equipment and production technology, or with the improvement of jobs based on their certification, but with a decrease in the amount of work and a deterioration in the financial situation. Under such circumstances, the dismissal of the plaintiff under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation was declared illegal, as it contradicts the requirements of Art. 74 of the Labor Code of the Russian Federation.

Changing the terms of an employment contract should also be distinguished from a transfer. In particular, art. 74 of the Labor Code of the Russian Federation provides that it is permissible to change any terms of the employment contract except for the labor function (work by position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee, article 15 of the Labor Code of the Russian Federation). This conclusion is confirmed by the emerging jurisprudence.

Thus, the employer excluded from the state the position of the chief legal adviser of the apparatus under the management and included the position of the chief legal adviser of the business support group in the staff list of the branch. This confirms that when the new staffing table was approved, the position of the chief legal adviser of the apparatus under the leadership was not preserved. Without denying exclusive right employer to conduct organizational and staff activities, exclusion and introduction positions, the court concluded that in this case the employer had grounds for terminating the employment contract with employees on the grounds of staff reduction under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. grounds for applying the provisions of Art. 74 of the Labor Code of the Russian Federation, even if we proceed from the position of the employer that the plaintiff occupied the position of the chief legal adviser of the apparatus under the management by the day of her dismissal, there are no legal relations that have arisen, since as a result of the approval of the new staffing table, the position of the chief legal adviser of the apparatus under the leadership was not preserved. In view of the foregoing, the court concluded that the dismissal of the plaintiff under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation was produced illegally.

In yet another case, the court considered that changes in staffing and the removal of the position of an employee from the power engineering department is associated with the improvement of the organizational structure of the plant. At the same time, they changed functional responsibilities worker. As a result of improving the organizational structure of the plant, there was a change in the labor function of the employee. This is contrary to the norms of the labor legislation of the Russian Federation. Also, in violation of paragraph 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2, there was a deterioration in the position of the employee compared to the previously existing terms of the contract, in addition, a decrease in the employee's salary was made. Evidence to the contrary, as well as that the employee was offered other available vacancies, including an electrical engineer, was not presented by the employer. In view of the foregoing, the court satisfied the employee's demands to recognize the dismissal as illegal and reinstate him at work in his previously held position as head of the power engineering department - chief power engineer.

If the change by the employer of certain conditions of the employment contract is due to objective reasons, namely, a change in the organization of labor, the labor function of the employee has not been changed, then the court may recognize it as legitimate to notify employees of upcoming changes and possible termination of the employment contract on the analyzed grounds.

Thus, the court pointed out that the content of specific actions of an employee may vary depending on the time, conditions and circumstances that he may encounter while performing his labor duties. In the process of organizational, technical and economic development, mastering modern management technologies, introducing the latest technical means, taking measures to improve the organization and increase labor efficiency, it is possible to change the scope of duties of employees in comparison with the established corresponding characteristics, as a result of which a change by the employer of the job duties of an employee is not a change his labor function in the sense of the provisions of Art. Art. 57, 60, 72 of the Labor Code of the Russian Federation. Job description is a local normative act that is adopted and changed by the employer within its competence (Articles 8, 12 of the Labor Code of the Russian Federation).

Under such circumstances, the court concluded that the change by the employer of certain terms of the employment contract in this case was due to objective reasons, namely, a change in the organization of labor, the employee’s labor function was not changed, the change in the terms of the employment contract did not worsen the position of the employee compared to the terms of the collective agreement or agreement .

For the correct termination of the employment contract on the analyzed grounds, it is necessary to clearly understand which changes in the organization of the labor process are changes in the terms of the employment contract that give grounds for terminating the employment contract on the analyzed grounds, and which are not. In particular, the removal of additional payments from the employee in accordance with Art. 151 of the Labor Code of the Russian Federation or a change in the work schedule without changing the working hours will not be changes in the terms of the employment contract.

The court considered the following situation. As follows from the plaintiff's explanations, earlier she had a work schedule: five working days, two days off, since March 2009 she worked in a new mode; the new work schedule provided for work: three days of work, three days off. Thus, the change in the work schedule by the new schedule in May 2009 in itself is not a change in essential working conditions, it took place without changing the working hours, i.e. without changing the essential working conditions. The plaintiff's absence from work in connection with the drawing up of a new work schedule for May 2009 cannot be considered lawful, respectively, there was absenteeism without good reason, which was a legal basis for the dismissal of the plaintiff on the grounds of paragraphs. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation.

Analysis of the provisions of Art. 74 and paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation allows us to conclude that the employer is obliged to notify the employee of upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months. The notice period is not restrictive. Considering the wording of Art. 74 of the Labor Code of the Russian Federation, notification can be made earlier. The notice shall be in writing, without fail the notification shall indicate: the reason for the changes that have taken place, the changes themselves, the period for their introduction, the employee's right to refuse to continue working in the changed conditions, an explanation of the consequences of refusing to continue working. If the employee refuses to continue working in the new conditions, he must be offered available vacancies that correspond to the qualifications and experience of the employee, as well as those that are not contraindicated for him for health reasons. It is permissible for the employer to request from the employee documents on his education (in the event that he did not provide them at the time of admission or has a different education), as well as on the state of health in order to ensure a more complete offer of vacancies. In the event that the employee refuses to provide such documents, the employer is relieved of responsibility for not submitting vacancies, the compliance of the employee with which the employer is not notified. The practice proceeds from the obligation of the employer to repeatedly offer the employee available vacancies, at least upon notification and before dismissal. The Labor Code of the Russian Federation does not contain such a requirement, although it can be considered justified in the event that the employer's list of vacancies has changed by the time the period for warning the employee about changing the terms of the employment contract expires.

If there is no other work in the organization or the employee refused it, the employment contract is subject to termination in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation. At the same time, the employee is warned two months in advance about changing the employment contract, and not about terminating it, since the employer may have vacancies which he is obliged to offer to the employee. In addition, despite the absence of such a provision in the Labor Code of the Russian Federation, we believe that the employee also has the right to withdraw his refusal to continue working in the changed conditions.

Thus, the court concluded that there was no need to notify the employee in writing of the termination of employment relations two months in advance, but only that the employer had an obligation to notify the employee of upcoming changes in the employment contract two months in advance.

In another case, the court considered that the employer had complied with the provisions of Art. 74 of the Labor Code of the Russian Federation, the obligation to offer the employee in writing a vacant position if the latter does not agree to work in the new conditions. Since the employee refused to work in the new conditions and the proposed vacancies, and also did not provide evidence of a deterioration in his position due to a change in working hours, the court considered that the dismissal of the employee was made on legal grounds in accordance with paragraph. 7 h. 1 Article. 77 of the Labor Code of the Russian Federation, as a result of which there are no grounds for declaring the order illegal and reinstating the plaintiff at work.

When the employer introduces part-time work, the employee has the right to refuse to work in such conditions. The employer is obliged to offer the employee a transfer to another available job, and only if the employee refused the transfer, labor Relations terminated under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. Earlier, we considered the features of the procedure for terminating an employment contract in this situation. However, the employer may not have a job, the transfer to which he is ready to offer the employee. In the current issue of the journal, we will dwell on the procedure for the employer's actions under such circumstances.

If, for reasons related to changes in organizational or technological working conditions*, there is a threat of mass layoffs of employees, the employer has the right to introduce an incomplete working time for up to six months.

If the employee refuses to continue working due to the introduction by the employer of part-time work, labor relations are terminated on the grounds provided for in paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation (reduction in the number or staff of employees of an organization, individual entrepreneur). Upon termination of the employment contract, the employee is provided with appropriate guarantees and compensations*.

Part 3 Art. 81 of the Labor Code of the Russian Federation provides: dismissal on the specified basis is allowed if it is impossible to transfer an employee from his written consent to another job available to the employer. The impossibility of transferring an employee to another job may be due to either the employee's refusal to transfer to the job offered by the employer**, or the employer's lack of vacancies that meet certain requirements.

The employee, in accordance with the requirements of labor legislation, must be offered both vacant position or a job corresponding to his qualifications, and a vacant lower position or underpaid job. In any case, it must be work that the worker can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Note! The employer is not obliged to offer vacant higher positions and positions that require retraining of the employee

Thus, in order to terminate the employment contract under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation in the situation under consideration, the following conditions must be present in the aggregate:

employer in accordance with the requirements of Art. 74 of the Labor Code of the Russian Federation introduced part-time work;
The employee refused to continue working part-time;
The employer does not have a job, the transfer to which can be offered to the employee, taking into account the requirements of Part 3 of Art. 81 of the Labor Code of the Russian Federation.

Recall that in this situation there is a general prohibition of dismissal under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation:

employees during their temporary incapacity for work and during their vacation;
pregnant women;
women with children under the age of 3, single mothers raising a child under the age of 14 (a disabled child under 18), other persons raising these children without a mother.

Note!

A suitable job is a vacant position available to an employer in a given locality or a job corresponding to qualifications; a vacant subordinate position or lower-paid work that an employee can perform, taking into account his state of health.

Stage 1. Issuance of an order on the introduction of part-time work

Step 1. We draw up a draft order

Step 2. We send the draft order and the rationale for it to the elected body of the primary trade union organization

Step 5. We sign the order

Step 6. Register the order

Step 7. We introduce the employees responsible for the preparation of documents with an order against signature

Stage 2. Notification of the employment service authorities about the introduction of part-time work

Step 2. We sign the notification

Step 4. We send a notification to the employment service authorities

Stage 3. Notification of employees about the introduction of part-time work

Option 1. We introduce the employee against signature with the order to introduce part-time work

Option 2. We give the employee a personal notice about the introduction of part-time work

Step 1. Drafting a notice

Step 2. We sign the notification

Step 3. Register a notification

Step 4. We hand over a copy of the notice to the employee

Stage 4. Obtaining an employee's refusal to continue part-time work

Option 1. The employee puts a mark on the refusal to work part-time on a copy of the notice or when reading the order

In the event that an employee decides to refuse to work part-time at the same time as notification of such changes, he can make a note about this in the visa familiarization with the order or on a copy of the notification.

Option 2. The employee writes a letter of refusal to work part-time

Step 1. We receive and register the application

An employee's application for refusing to continue part-time work must be properly recorded in a special accounting form designed for recording internal documents, for example, in the Employee Application Log.

The application is registered on the day of receipt. Assigned registration number affixed to the application.

Step 2. We send the application to the head

The application is sent for consideration to the head of the organization or another official who has the right to make a decision on changing or terminating employment contracts.

Step 3. We receive an application with the resolution of the head

The head of the organization or another authorized representative of the employer puts down a resolution on the application with an instruction to issue an offer to the employee to transfer to another job or notify the employee of the absence of vacancies.

Step 4. We send the application to the case

After familiarizing the officer responsible for preparing the documents with the content of the resolution of the head of the organization, a mark is placed on the application to send it to the case.

An entry is also made in the registration form about the direction of the application to the case.

Stage 5. Notification of the employee about the absence of a job to which he can be offered a transfer

If the employee does not agree to work part-time, and the employer does not have a job to which he can be offered a transfer, it is necessary to send the employee a written notice in order to avoid disputes about compliance with the dismissal procedure under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

Step 1. Drafting a notice

generally accepted unified form no notification. As a rule, such a notice is drawn up in writing in the form developed by the employer, in two copies.

Step 2. We sign the notification

The text of the notice must be signed by the employer or other official authorized to make decisions on the termination of employment contracts.

Step 3. Register a notification

The signed notification is registered in a special accounting form, for example, in the Journal of Registration of Offers and Notifications of Workers.

When registering, the details “Date of registration” and “Registration number” are drawn up on the notification.

Step 4. We introduce the employee to the notification against signature

It is advisable to confirm receipt by the employee of a copy of the notice by marking it on the copy kept by the employer. This will help the employer to avoid possible disputes about compliance with the dismissal procedure under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

The date of familiarization of the employee with the notification must also be indicated in the Registration Log.

Step 5. Sending a copy of the notice to the case

A copy of the employee's notification is filed for storage in a separate file or, in the case of maintaining personal files, in the employee's personal file. A note is made in the lower left corner of the document about sending a notification to the case. A note on the direction of the document to the case is also affixed in the corresponding column of the Registration Journal.

Stage 6. Issuance of an order to terminate (terminate) an employment contract with an employee (dismissal)

According to Art. 841 of the Labor Code of the Russian Federation, the termination of an employment contract in all cases is formalized by an order (instruction) of the employer. The Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1 approved unified forms of primary accounting documentation on accounting for labor and its payment, in particular, an order (instruction) on the termination (termination) of an employment contract with an employee (dismissal) (form No. T-8).