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Publication date: 04.02.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
With the conclusion of an employment contract between the employee and the employer, employment legal relations arise, aimed at the implementation of the scope of rights and obligations, which the legislation confers on them.
Along with this, essential working conditions are an integral part of labor relations, which can include:
- terms of payment,
- work regime,
- establishment of part-time working hours,
- combination,
- ranks and designation of positions, etc.
The legislator allows the employer to change the essential conditions established during employment. Since such conditions will significantly affect the performance of the employee's work function, a special procedure and a number of features are provided for their change.
Features of changes in essential working conditions:
- An extremely important aspect that must be taken into account by employers who plan to change the essential conditions is the time frame.
- The employee must receive a notice from the employer about a change in essential working conditions two months before their introduction.
- The current legislation obliges employers to notify the employee in case of introduction of new or changes to the existing conditions of remuneration (in case of deterioration).
- It is necessary to notify properly, under a signature and with the possibility of receiving confirmation from the employee that he is familiar with the notification.
- The above terms are a general rule that is relevant under normal labor relations.
- During the period of martial law, some changes were made regarding the notice periods, because it is established that the employee must be notified of a change in essential conditions before the introduction of such changes, i.e. without observing the above-mentioned two-month period.
The procedure for changing essential working conditions:
- The first step is the direct implementation of changes by issuing the corresponding order. It is important to note that changes in the essential working conditions of a worker who will continue to work in the same specialty, position, qualification are possible in connection with changes in the organization of production and work within the enterprise, and therefore the employer's order should refer to these aspects.
2. Next, the employer issues an order to change the essential conditions that will apply to a specific employee.
3. The next step is to notify the employee about the introduced changes. As already mentioned, the notice is delivered under signature. The purpose of this step is to find out the employee's desire to perform his work function, guided by the new essential working conditions. If the employee does not agree with them, this may be grounds for terminating the employment contract.
4. Further work of the employee in accordance with the new working conditions will mean agreement with them. If the employee does not agree, then he should receive a corresponding statement, which will confirm his reluctance to continue performing the work function as a result of a change in essential conditions.
Dismissal of an employee as a result of a change in essential working conditions:
- The employee's refusal to perform his job function in accordance with the new essential conditions is grounds for terminating the employment contract.
- The first step for dismissal is to receive the above statement from the employee. In such a case, the employer issues an order for dismissal in which he states the reasons for this.
- A copy of the issued order is provided to the employee for review. The next step is to make a corresponding entry in the work book and carry out the final calculation.
Labor dispute lawyer services:
If the procedure for introducing changes or the above-mentioned requirements was violated, the employee has the opportunity to appeal, which, of course, will be helped by a labor dispute lawyer. The labor lawyer will analyze the situation from the point of view of current legislation, provide consultations, prepare procedural documents and represent the client's interests in court. Therefore, legal assistance in labor disputes is an effective tool for restoring the violated rights of the employee, which allows effective use of all protection mechanisms.
