Situations related to the transfer of an employee to a lower position always raise many questions from employers. From the article you will learn when such a transfer can be made, what documents will need to be issued and how to reflect payments guaranteed to certain categories of personnel in tax accounting.
Recall that on the basis of Article 72.1 of the Labor Code of the Russian Federation, a transfer to another job is a permanent or temporary change labor function employee and/or structural unit in which he works (if the structural unit was indicated in the employment contract), as well as transfer to work in another area together with the employer. In turn, the labor function is work according to the position according to the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee (Article 15 of the Labor Code of the Russian Federation).
With a demotion, the job function changes. This is accompanied by a number of amendments to the essential terms of the employment contract. But first things first.
When can you be demoted?
The demotion may be permanent or temporary. The initiator of the transfer can be both the employer and the employee. However, it is rare to find employees who ask for a lower position. After all, this, as a rule, entails receiving lower wages.
Please note: transfer to a lower position is allowed only with written consent worker. An exception is cases related to emergency circumstances listed in Part 2 of Article 72.2 of the Labor Code of the Russian Federation.
If the employee does not agree, the employer must have a reason for demotion. Labor law allows you to do this in several situations:
- by written agreement of the parties (part 1 of article 72.2 of the Labor Code of the Russian Federation). The purpose of such a transfer is often to replace a temporarily absent employee;
- due to downtime (part 3 of article 72.2 of the Labor Code of the Russian Federation);
- due to the employee's refusal to work in the new conditions (Article 74 of the Labor Code of the Russian Federation);
- in connection with the suspension of the special right of the employee (Article 76, clause 9, part 1 and part 2, article 83 of the Labor Code of the Russian Federation). Such rights include a work permit for a foreign citizen, a driver's license, the right to carry weapons by an employee of a private security company, etc.;
- due to a reduction in the number or staff of employees (clause 2, part 1 and part 3, article 81 of the Labor Code of the Russian Federation);
- according to the results of the certification (clause 3, part 1 and part 3, article 81 of the Labor Code of the Russian Federation). In this case, transfer to a lower position is an alternative to dismissal for lack of proper qualifications;
- according to a medical report (Article 73 of the Labor Code of the Russian Federation);
- to eliminate the impact of adverse production factors for a pregnant woman (part 1 of article 254 of the Labor Code of the Russian Federation);
- due to the impossibility of performing previous labor functions by a woman with children under the age of one and a half years (part 4 of article 254 of the Labor Code of the Russian Federation);
- due to the expiration of the woman's employment contract during her pregnancy, if this contract was concluded for the duration of the performance of the duties of an absent employee (part 3 of article 261 of the Labor Code of the Russian Federation);
- in connection with the termination of the employment contract due to violation of the rules for its conclusion (Article 84 of the Labor Code of the Russian Federation).
Note: some individual entrepreneurs transfer employees to lower positions for committing a disciplinary offense. However, their actions are illegal. Article 192 Labor Code RF contains a closed list of species disciplinary actions: remark, reprimand and dismissal. As you can see, demotion of an employee is not included in this list.
Note.The position of an employee who is on parental leave until he reaches three years of age is not vacant (part 4 of article 256 of the Labor Code of the Russian Federation). During this vacation labor contract continues to work with her. Thus, the entrepreneur is not obliged to offer this position to the employee for transfer based on the results of certification. A similar conclusion is contained in the Ruling of the St. Petersburg City Court of August 30, 2010 N 33-11908.
Documentation of the translation
Any change essential conditions employment contract at the behest of both parties must be documented. The diagram (p. 20) shows the workflow when employees are demoted.
Document flow when transferring an employee to a lower position
Transfer Application. As we noted above, sometimes a transfer to a lower position is carried out at the initiative of the employee (in particular, for family reasons). In such a case, a statement in any form will be required from him. His example is shown on the right.
Translation proposal. If the transfer initiative comes from an individual entrepreneur, he must obtain the consent of the employee for the transfer. To do this, the employee is sent a corresponding proposal, drawn up in any form.
This document justifies the need for his transfer to a lower position, indicates a list of all available positions that an employee can take in accordance with his qualifications. The document also provides information on official salaries corresponding to vacant positions.
If an employee is temporarily or permanently transferred to a lower position on the basis of a medical report, the transfer proposal must indicate the number and date of such a report.
The consent of the employee to the demotion is also made in writing. To do this, a special column can be provided in the proposal for transfer to another job.
In addition, the employee can apply to the individual entrepreneur and inform him of his decision. Note that the term for withdrawing an employee's application for transfer to another job is not established by labor legislation. That is, before signing an additional agreement to the employment contract, the employee has the right to apply to an individual entrepreneur with a statement indicating a refusal to be transferred to a lower position.
Supplementary agreement. If the employee does not object to the transfer to a lower position, an additional agreement is concluded with him to the employment contract. It indicates all the conditions for the transfer: the new labor function of the employee, the structural unit in which he will work, the terms of remuneration and the term of the transfer.
When an employee is temporarily transferred to another job, the terms of the employment contract change to certain period. The duration of a temporary transfer to a lower position is established by agreement of the parties. For example, if an individual entrepreneur temporarily demotes an employee due to the deprivation of a special right, the document must reflect the exact date the employee returned to his previous place of work. If it is unknown, you can make an entry: "Until the day the special rights are restored."
Please note: an employee can be temporarily transferred to another position for up to one year (part 1 of article 72.2 of the Labor Code of the Russian Federation). If the transfer was made for the period of replacement of an absent employee who retains his/her place of work, its term ends on the day the employee enters work. That is, in such a situation, the period of transfer to a lower position may exceed a year.
There are cases when an employee is transferred to a lower position temporarily, but as a result, work in a new place becomes permanent for him. This is possible if, at the end of the transfer period, the employee is not provided with his previous job, but he himself does not require this and continues to work.
Note that an additional agreement to the employment contract, involving a demotion, must be signed by both the employer and the employee. If the employee refuses to sign it and does not go to work in a new position, in the event of a trial, the servants of Themis will take his side (Determination of the Moscow City Court of 08/03/2010 N 33-23228).
Order. On the basis of an additional agreement to the employment contract, an order is being prepared in one of the unified forms - N T-5 or T-5a (approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1). An individual entrepreneur must be familiarized with the specified order of an employee against signature.
Marks on a personal card. The fact of transfer to a lower position by an individual entrepreneur must be reflected in the employee's personal card (form N T-2, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1). In section III "Employment and transfers to another job", the following should be indicated:
— date of transfer;
- structural subdivision;
- position (specialty, profession), category, class (category) of qualification;
— tariff rate(salary) and allowance;
- the basis of the translation.
Please note: with each entry made on the basis of an order to transfer to another job, an individual entrepreneur is obliged to familiarize the employee against signature.
Sample Fill personal card
Entries in work book. Information about transfers to another permanent job must be entered in the work book. This is discussed in article 66 of the Labor Code of the Russian Federation and clause 4 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them (approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225). In this case, the temporary transfer is not reflected in the work book.
An entry on the transfer to a lower position is made on the basis of an order (instruction) of an individual entrepreneur no later than a week.
Note that if the transfer of an employee to a lower position is not confirmed by the relevant documents and records, and the employee’s salary remains the same, then it will be difficult in court to prove the very fact of such a transfer (Determination of the Moscow City Court of October 18, 2010 N 4g / 8-8373 /2010).
Finally, I would like to note the following. Before an employee starts new job, the merchant needs to acquaint him with signature job description. Also, an individual entrepreneur may need to conclude a liability agreement with him and conduct a safety briefing.
Sample Fill work book
| N | the date | Information on hiring, transfer to another permanent job, qualifications, dismissal (with reasons and a link to the article, paragraph of the law) | Name, date and number of the document on the basis of which the entry was made | ||
| Number | Month | Year | |||
| 1 | 2 | 3 | 4 | ||
| 7 | 26 | 02 | 2013 | Transferred to position | Order |
| seller, | From 06/26/2011 N 8-k | ||||
| Part 3 of Article 81 of the Labor Code | |||||
| Code of the Russian | |||||
| Federations |
Salary
Labor legislation provides guarantees to employees who, due to a medical report, need to be transferred to another job (including to a lower position). Yes, they keep average earnings in the previous position within a month from the date of transfer to a lower-paid job.
When transferring due to an industrial injury, occupational disease or other damage to health associated with work - until a permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code of the Russian Federation).
In addition, pregnant women, in accordance with a medical report and upon their application, are transferred to another job that excludes the impact of adverse production factors, while maintaining the average wage previous work(part 1 of article 254 of the Labor Code of the Russian Federation).
According to part 1 of article 129 of the Labor Code of the Russian Federation, the accrued average earnings are salary worker. That is, remuneration for work, payment for which is made in accordance with a special norm.
Please note: in case of temporary transfer by agreement of the parties, payment is made by agreement between the employee and the individual entrepreneur.
If, with the consent of the employee, he is transferred to a less qualified job, the parties may agree to maintain the previous salary or to assign an additional payment to the previous salary.
Personal income tax and insurance premiums from the income of employees
The income of employees in the form of average earnings is included by an individual entrepreneur in the personal income tax base (subparagraph 6, paragraph 1, article 208 and paragraph 1, article 210 of the Tax Code of the Russian Federation).
Tax is calculated by an individual entrepreneur at a rate of 13% (clause 1, article 224 of the Tax Code of the Russian Federation).
In accordance with Article 226 of the Tax Code of the Russian Federation, an individual entrepreneur withholds the amount of personal income tax at the time of payment of income to an employee.
In addition, the amount of retained average earnings is accrued insurance premiums for compulsory pension insurance, for compulsory social insurance in case of temporary disability and in connection with motherhood, for compulsory medical insurance, for compulsory social insurance against accidents at work and occupational diseases. About this - articles 7 and 8 federal law dated 24.07.2009 N 212-FZ and Article 20.1 of the Federal Law of 24.07.98 N 125-FZ.
How to deal with personal income tax for the merchant himself
As you know, individual entrepreneurs determine the composition of expenses in the manner prescribed by Chapter 25 of the Tax Code of the Russian Federation. Based on Article 255 of the Tax Code of the Russian Federation, labor costs include any accruals to employees in cash and (or) in kind, incentive accruals and allowances, compensation accruals related to the mode of work or working conditions, bonuses and one-time incentive accruals, expenses associated with the maintenance of these employees, provided for by the norms of the legislation Russian Federation, labor agreements (contracts) and (or) collective agreements.
These expenses include, in particular, expenses for remuneration for the time of performing lower-paid work in cases provided for by the legislation of the Russian Federation. About this - paragraph 14 of part 2 of article 255 of the Tax Code of the Russian Federation.
Thus, if an employee, for medical reasons, is transferred to a lower position, the salary of which is lower than the previous one, then the entrepreneur has the right, in order to calculate the tax base for personal income tax, to take into account the costs associated with maintaining the average salary for the employee as part of labor costs for the entire period determined for the respective case.
Taxation of “simplifiers” and agricultural producers
In the closed list of expenses for which individual entrepreneurs applying the simplified tax system with an object of income minus expenses or paying the unified agricultural tax are entitled to reduce the income received, the expenses for wages, compensation, temporary disability benefits in accordance with the legislation of the Russian Federation are named (subparagraph 6 of clause 1 article 346.16 and subparagraph 6 paragraph 2 article 346.5 of the Tax Code of the Russian Federation).
In accordance with paragraph 2 of Article 346.16 and paragraph 3 of Article 346.5 of the Tax Code of the Russian Federation, individual entrepreneurs determine the composition of labor costs on the basis of Article 255 of the Tax Code of the Russian Federation.
Based on the provisions of this article, the accrued average earnings are the wages of certain categories of workers demoted.
That is, individual entrepreneurs have the right to take into account its value in expenses that reduce the tax base for a single tax or UAT. On the basis of paragraph 2 of Article 346.17 and subparagraph 2 of paragraph 5 of Article 346.5 of the Tax Code of the Russian Federation, entrepreneurs can do this after the actual payment of the average salary to the employee.
A transfer to another position does not always mean a promotion. In some cases personnel transfer may result in demotion. There are certain rules for making such a transfer.
Article 72 of the Labor Code defines that a transfer is a change in the labor function of an employee of a temporary or permanent nature.
The document indicates all changes made to the employment contract between the employer and the employee: the name of the new position, salary, etc.
On the basis of an additional agreement, a transfer is issued (T-5).
It is forbidden to provide work that is contraindicated for an employee due to his condition.
The employee agrees
The parties enter into an additional The main reasons why employees may voluntarily agree to a demotion are:
- professional failure. In case of inability to cope with the assigned tasks, failure to planned indicators, systematic mistakes, the employee can independently decide on his inconsistency with the position held. In this case, it is possible to move to a lower position corresponding to the level of competence.
- Change of field of activity. An employee may decide to move to another structural unit, the work in which is more in line with his professional interests and skills. In this case, the demotion is not a significant moment in view of the emergence of new opportunities for growth.
- personal factors. The reason for the transfer may be personal: health, conflict situations with colleagues, inconvenient work schedule at the current position.
Employee does not agree
If the employee does not agree to the transfer, the following scenarios are possible:
- The employer offers the employee to make the transfer, citing objective reasons for the expediency of such a transfer. For example, the transfer of an employee to a lower-paid position with the prospect of a subsequent promotion. In the absence of prospects at the current place, the employee may make a positive decision regarding the transfer.
- The employer argues the demotion by the inconsistency of the employee with the position he occupies. Such conclusions of the employer should be based on the official results of the appraisal of employees. Art. 81 of the Labor Code allows an employment contract with an employee if it does not correspond to the one he occupies, if there is no possibility of transferring the employee (with his written consent) to another suitable job within his organization. In other words, if an employee who has not passed the certification refuses to move to a lower paid position, the employer has the right to fire him.
- The employer transfers for a reason. The position held by the employee before the reduction is abolished. As a result, he is faced with a choice: get laid off and lose his job, or agree to keep his job with a demotion.
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For various reasons, the employer may need to temporarily or permanently transfer the employee to another position. Is it possible to transfer to a lower paid position at the initiative of the employer? Is consent required in this case? Let's figure it out.
Changing the terms of the employment contract
Changing working conditions, including transfer to another position, is possible with the agreement of the employer and employee. However, some exceptions are provided.
You can transfer an employee to another job without obtaining his consent. An important clarification: this can only be done temporarily and in case of emergency. That is, in the event of a catastrophe, an emergency event, an industrial accident, an employee can be transferred to another job, but temporarily, for no more than a month. But even in this case, if the transfer to a lower-paid position is without employee's consent, according to labor law, during this transfer, a specific transferred employee will have to pay at least the average salary in his previous position.
The transfer of an employee to another job may be necessary due to health problems - in accordance with the conclusion of the doctors. Is it possible in this case to transfer the employee to a lower paid position?
If the transfer of an employee is necessary temporarily (a transfer for a period of less than 4 months is considered temporary), but the employee does not agree or there are no suitable jobs in the company, then it is necessary to remove the employee from performing job duties but retained his position. That is, a transfer to a lower-paid position at the initiative of the employer cannot be carried out without the consent of the employee. If a longer or permanent transfer is needed, in the event of an employee’s refusal or absence suitable job in the company, the employment contract is terminated.
Transfer to a lower-paid position in case of reduction
During the downsizing procedure, before dismissal, the employer must offer employees a transfer to other jobs. This may be a job corresponding to the qualifications of the employee, but it may also be a job that requires less qualifications and work with wages lower than the employee received. A prerequisite in this case is the absence of medical contraindications.
In free form, the employer draws up a document in which he offers vacancies. A transfer to a lower-paid position is carried out with the consent of the employee. In order for the employee to indicate his agreement or disagreement, a special line should be provided in the document for this. This document is drawn up by the employer in two copies, one is sent to the employee, and the other remains with the employer with the signature of the employee. This copy, in case of questions, will be proof that the employer offered the employee a transfer. If the employee does not accept the transfer to another job, it is necessary to issue his refusal in writing. A confirmation of the refusal can be a mark in the document with the offer of vacancies received from the employer.
Thus, it is possible to transfer an employee to a position with a lower salary if he agrees to the transfer, even if his position is reduced.
In addition, a situation may occur in the company in which some of the working conditions reflected in the employment contract may change. The employer must notify the employee of the changes and the reasons that caused them at least 2 months in advance. If the employee does not agree with these changes, then the employer is obliged to offer him a transfer, possibly to a position with a lower salary. If the employer has nothing to offer the employee or the employee refuses to transfer, the employment contract is terminated.
Recent questions on the topic: ""
Transfer to a lower paying job
I work in a motorcade as a technical controller. From October 1, the administration changes the working conditions, transfers them to a watchman under a contract, is this legal?
Vladimir, Velikiye Luki
Transfer to another position at the initiative of the employer
Lawyer: Elena Barkova
offline now
Good afternoon.
No, it's not legal.
Changing the terms of the employment contract determined by the parties is allowed only by written agreement of the parties to the employment contract (Article 72 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not contain any restrictions on changing the employment contract by agreement of the parties while the employee is on parental leave.
A change in the structural unit in which the employee works (if the structural unit was specified in the employment contract) is considered a transfer to another job. Transfer to another job allowed only with the written consent of the employee, with the exception of cases provided for in parts 2 and 3 of Art. 72.2 of the Labor Code of the Russian Federation (Article 72.1 of the Labor Code of the Russian Federation).
according to Art. 74 of the Labor Code of the Russian Federation provides for the possibility of changing the terms of an employment contract unilaterally, at the initiative of the employer, in the event of a change in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons). At the same time, a change in the labor function on this basis is not allowed. Labor function - work according to the position in accordance with staffing, professions, specialties indicating qualifications; the specific type of work assigned to the employee (Article 57 of the Labor Code of the Russian Federation).
In case of changes in the terms of the employment contract at the initiative of the employer, about forthcoming changes, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing later than two months. At the same time, the employer must have evidence substantiating changes in organizational or technological working conditions and, as a result, a change in the structural unit to which you are transferred or the established wage.
If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to the employer (as vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee 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.
With absence said work or the employee refuses the proposed work, the employment contract is terminated in accordance with clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.
Therefore, the employer can send the employee a notice of a change in the terms of the employment contract under Art. 74, but does not have the right to oblige the employee to do or sign anything. The employer can only invite the employee to come to work to conclude an additional agreement to the employment contract.
The head of the enterprise wants to transfer to a lower position (several steps from the head of the group to engineers at once) without my consent. What are my actions?
Ivan, Anna
Transfer to another position at the initiative of the employer
Lawyer: Ilya Veretennikov
now online
Good afternoon Ivan!
The case under which you fell, unfortunately, is not uncommon in our country. According to the Labor Code of the Russian Federation - art. 72 - the transfer of an employee to a lower paid position is possible only by agreement of the parties, with the exception of cases provided for in Parts 2 and 3 of Art. 72.2. (the effect of natural events and downtime enterprises), but the effect of art. 72.2. probably not applicable to your situation. The Labor Code of the Russian Federation does not provide for other grounds for the transfer, with the exception of cases provided for in Art. 74 (paragraph 3 - which provides for the right and obligation of the employer to offer you, “including a vacant lower position or a lower paid job”), but this case is most likely not applicable to your situation. Summing up what has been said, we can conclude that most likely the employer is inclining you to dismiss on own will moving you to a lower position. You need to understand one thing - without the agreement of the parties, the transfer is impossible, and if the employer has undergone any structural or organizational changes, he must prove them in order to justify the downgrade. My advice to you is do not sign anything and write a statement to the labor inspectorate in order to have evidence if necessary.
Transfer to a lower paid position
Hello! I work at the beginning factory production. At the end of August, I received a written notification that from August 26, 2014, a part of production structures under direct subordination to the general director, from November 1, they make changes to the management structure by order and, due to the reduced amount of work I do, they come up with new position with a salary half the existing one, and also offered a number of other lower positions. I refused in writing all offers. The question is what should I expect further actions from an employer? Thank you.
Dmitry, Mr.
Transfer to another position at the initiative of the employer
Lawyer: Dmitry Bondaryuk
now online
Hello.
Article 74
In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.
The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by this Code.
If the employee does not agree to work in the new conditions, the employer is obliged in writing to offer him another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. 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.
In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.
If the employer did everything right, then there will be dismissal.
Today we are witnessing the rapid development of technology, the emergence of new levels industrial production, commissioning numerous enterprises and testing innovations that radically change the economic development of the state and society.
That is why companies are interested in eliminating unprofitable production and optimizing the work of staff to the maximum.
Transfer to a lower paying job
Transfer to a lower-paid job at the initiative of the employer is always an unpleasant moment for the employee
In such conditions, all employers naturally have the question of what to do with specific ones. Employers, having analyzed all possible options, stop on the fact that it is best to either reduce the number of working people, or reduce existing positions and introduce new ones along with them.
It is also possible to transfer employees to a completely different specialty instead of the one they previously occupied. Thus, company executives and human resources managers may need to transfer individual employees to new jobs and at the same time reduce their wages. Actions depend primarily on what the employer is interested in and what he wants to change.
Sometimes changes affect only the place of work or certain mechanisms for the implementation of work duties, but the employee still remains in the same company and does not need advanced training or a change of specialty. The usual movement of personnel is a commonplace phenomenon for organizations, and it is carried out on the basis of an order.
If during the restructuring a change, place of work is affected, then this can already be called a change in working conditions, and this requires the consent of the worker himself. In this situation, there are several options actions:
- withdrawal of the previous position and an offer to the employee to take another position in the new structure;
- transfer of a person to another position with his consent.
Features of transferring an employee to a position with a lower pay
Transfer is not possible without the consent of the employee!
The transfer is a restructuring of existing ones, and for its implementation there must be the consent of the employee himself. At the same time, the employee simply has no choice, and he must either agree to the transfer or look for a new job.
The dismissal of a particular employee due to refusal to transfer to another job does not deprive a person of the right to, which is prescribed in labor legislation.
Regardless of the real motives of the employer, there is a list of legitimate reasons for transferring employees to a lower paid position:
- Transfer to the profession that is more suitable for a person for health reasons (carried out on the basis of the usual).
- Translation by decision attestation commission, which will come to the conclusion that the level of qualifications is insufficient for the position held. Such a dismissal is actually a dismissal for inconsistency with the position held by the employee.
- General working staff.
- Translation perfect.
You should be aware of cases in which transfer to a lower position is clearly illegal, because some employers engage in such transfers as punishment for a particular misconduct. In such a situation, a decrease in career ladder illegal, and the employer should take advantage of a dismissal or reprimand.
What is included in the procedure for transferring an employee to a lower-paid job?
In case of disagreement, the employee is promised dismissal
Before making a transfer, it is imperative to carry out a preparatory operation so that the employee knows directly about the transfer, about the various changes and about what his new one will be.
The next stage is the drafting of a regulation on restructuring in the organization of production, which the employee should familiarize himself with. An employee who does not like the new conditions may refuse, but in this case he will be fired.
Any employer can face surprises, and some workers refuse to change conditions and file lawsuits. In order for the court not to recognize the documents as insolvent, they must definitely be in order, otherwise former employee achieve re-employment.
Two months later, the employer must publish an order to transfer a person, amend the previously concluded employment contract and make a number of amendments to. Official dismissal orders are also being issued for those who do not agree with the new conditions.
Will there be problems for employers who decide to make such changes?
Transfer to a lower-paid job at the initiative of the employer must have good reasons
In the event that an employee files a lawsuit, the employer must have a good reason for transferring the employee to a lower-paid position. Therefore, employers often persuade employees to write an application for the voluntary transfer of a person to another position on their own.
Naturally, an interested employer must offer a person the conditions to which he agrees, but this procedure will not take as long as three months and will save extra time.
For the first two weeks, any employee has the legal right to demand that he be paid the same wage, and if such a transfer to another position is made due to reasons beyond the control of the employee, then he must be paid the salary in the same amount for a whole month.
