The employment contract is not a static contract, it may be amended and amended. If these are amendments of a technical nature, then you do not have to coordinate them with the employee. However, if the changes are significant, then the consent of the employee is mandatory. If the employee does not want to continue working, taking into account the new conditions, it is possible to dismiss him on the basis of clause 5 of part 1 of article 77 of the Labor Code of the Russian Federation. But such dismissal and change itself essential conditions labor can be challenged in court. Consider real cases when the court sided with the employer.

The employer correctly carried out the dismissal procedure when changing the address

In order to save on rent and labor costs, many companies are currently moving from Moscow to the regions. And of course, not all employees are ready to follow the employer. If the employer complied with the dismissal of such employees, notified at least 2 months in advance of the upcoming changes and offered all available vacancies, then in this case the court recognizes the dismissal as lawful in the absence of the employee’s consent to move to another locality.

As an example, it is possible to cite the Appellate ruling of the Moscow City Court dated 04/08/2016 in case N 33-12401/2016. The court upheld the dismissal procedure. In resolving the dispute and refusing to satisfy the claims for reinstatement, recovery of average earnings for the period of forced absenteeism and compensation for non-pecuniary damage, the court of first instance reasonably proceeded from the fact that the change in the plaintiff's working conditions was a consequence of the structural reorganization of production, which in turn was the basis to change material conditions employment contract in part of the change in the place of work of the plaintiff, which did not entail an actual change in the labor functions of the plaintiff.

The employer correctly changed the load

If we talk about educational institutions, as well as medical institutions, then remuneration in such institutions depends on the workload of the employee. Accordingly, the risk of litigation arises when the workload changes, especially if we talk about an extremely large load on the teacher or a significant decrease in the teaching load.

As an example, confirming the possibility of reducing the teaching load by the employer, we can name the decision of the Kushvinsky g / s ( Sverdlovsk region) dated 01/17/2017 in case No. 2-60/2017. The plaintiff was accepted as a teacher with a workload of 28 hours, but subsequently the workload was reduced to 24 hours. The employee considered that this violated the requirements of labor legislation. In violation of the provisions of Article 74 Labor Code Russian Federation the plaintiff was not notified by the employer about the change in essential working conditions and the specific reasons that led to the removal of teaching hours.

However, the court concluded that the employee was effective contract, according to which the working conditions were changed. In addition, the employee was familiarized with the order. Upon exit from vacation without saving wages the employee started working with a workload of 24 school hours per week, she was paid based on this workload.

The employer correctly changed wages and fired an employee who did not agree to a reduction in wages

Not a single employee will be against a wage increase. However, a pay cut is an unpleasant surprise, and of course not all employees agree to a pay cut. Some employers are smarter and introduce a variable part of the salary, which is subsequently not paid, since the bonus is a right, not an obligation of the employer. In the event of a change in wages, it is necessary to sign an additional agreement to the employment contract. Also, the employer must issue an order and make changes to staffing.

If the employer complies with the dismissal procedure, then the court recognizes the legitimacy of the dismissal. An example is the Appellate ruling of the Nizhny Novgorod Regional Court dated January 31, 2017 in case N 33-1126/2017, in which the court refused to change the grounds for termination of the employment contract.

Employer rightfully fired a pregnant woman

Changing the terms of an employment contract at the initiative of the employer (with the exception of the condition on the employee’s labor function) is allowed if they cannot be saved for reasons related to changes in organizational or technological working conditions. But what if the structural unit is liquidated, and a pregnant woman works in it?

If a woman does not agree to work in the new conditions, then it is possible to fire her. The legitimacy of such a dismissal is confirmed by the Appeal ruling of the Chelyabinsk Regional Court dated February 24, 2016 in case No. 11-2006/2016. The employer decided to terminate the activity structural unit.
Part four of Article 81 of the Labor Code of the Russian Federation provides that in the event of termination of the activities of a branch or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for in cases of liquidation of the organization.

At the same time, according to the legal position of the Constitutional Court of the Russian Federation, contained in the Ruling of April 21, 2005 N 144-O “On the refusal to accept for consideration the complaint of citizen P. about the violation of her constitutional rights by part four of Article 81 of the Labor Code of the Russian Federation”, termination of the labor contracts with employees working in a separate structural unit of the organization located in another locality are carried out according to the rules provided for cases of liquidation of the organization, only when the employer decides to terminate the activities of such a structural unit, since this actually means the termination of the activities of the organization itself in this locality and, accordingly, makes it impossible to transfer workers with their consent to another job in the same organization within the same locality.

Thus, if the employee refuses to transfer during the liquidation of the unit, dismissal due to refusal to change essential working conditions will be lawful.

The employer legally changed the workplace

The workplace is an essential condition of the employment contract. According to Art. 74 of the Labor Code of the Russian Federation 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 can be changed at the initiative of the employer , with the exception of changes in the labor 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, not later than two months in advance. According to the meaning of this rule, the employee must notify the disagreement to continue working, taking into account the change in the workplace. If the employee does not agree to an additional agreement, but actually took up duties at a new address, this is considered consent to work in the new conditions.

This conclusion was made in the decision of the Voroshilovsky District Court of Volgograd dated December 28, 2016 in case No. 2-215/2017. Despite the employee’s refusal to sign an additional agreement to the employment contract on changing the workplace, after two months from the moment of notifying her about the change in working conditions, she actually started working at a new address, taking into account which, after the specified period, the employer did not have the stipulated art. 74 of the Labor Code of the Russian Federation, the obligation to offer the plaintiff another job.

But at the same time, a change in essential working conditions does not prohibit the dismissal of an employee on another basis, for example, in the event of absence from the workplace, for absenteeism.

The employer lawfully fired the employee when he refused to continue working in the presence of new job duties

The issue of changing job responsibilities is rather “subtle”. For example, the employer only specified official duties in the job description, whether this is a change in job responsibilities. Or imagine another situation where an employee is entrusted with work that is completely unrelated to his job responsibilities. Should the employee continue to work or have the right to refuse such work?

In the appeal ruling of the Rostov Regional Court dated May 26, 2016 in case N 33-8683/2016, the court came to the correct conclusion that there were legal grounds for dismissing the plaintiff under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (in connection with the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties), since the defendant actually had a change in organizational working conditions that give grounds for the employer to dismiss the employee if he disagrees with the continuation of work in new working conditions and compliance by the employer with the procedure and term of his dismissal, in connection with which, he rightfully refused to satisfy the requirements for recognizing the dismissal as illegal and collecting wages for the time of forced absenteeism.

The employer lawfully did not make additional payments that are not provided for by law and local acts

The objectives of labor legislation are to establish state guarantees of labor rights and freedoms of citizens, to create favorable conditions labor, protection of the rights and interests of employees and employers (Article 1 of the Labor Code of the Russian Federation). Guarantees of working conditions and payments upon termination of the contract can be established local acts.

Thus, in the decision of the Leninsky District Court of Smolensk dated December 20, 2016 No. 2-4671 / 2016, the court recognized the actions of the employer as legitimate, additional payments which are not established by law and local acts. The fixed amount of remuneration established in the organization by local regulations is based on direct action standards, since they serve as a direct basis for the corresponding payment to an employee who has fully worked out the norm of working hours and fulfilled labor obligations under normal working conditions.

The payment, over which the dispute arose, is not provided for by law or the Regulations on wages and bonuses for employees, does not apply to guarantees and compensations to be realized upon dismissal of an employee on his own initiative, since it does not aim to compensate for the employee’s losses in connection with the termination of the employment contract, in connection with which it is essentially arbitrary, reflecting the abuse of the right when such a condition is included in the employment contract.

Thus, employers have a good chance to prove in court the right to change essential working conditions, as well as the correctness of dismissal of an employee in case of disagreement to continue working when such conditions change.

E.A. Shapoval, lawyer, Ph.D. n.

We change the employment contract if working conditions have changed

The procedure for changing the employment contract at the initiative of the employer when working conditions change

The court decisions mentioned in the article can be found: "Judicial practice" section of the ConsultantPlus system

In difficult economic situation employers often unilaterally change the terms of employment contracts with employees (for example, reduce tariff rates or salaries, divide the employee’s salary into two components - a fixed (salary) and a variable (bonus) part, reducing the salary, introduce an incomplete work time, change the mode of operation), referring to a change in working conditions.

However, if the employer changes the employment contract with the employee without observing the rules established by the Labor Code of the Russian Federation, instead of saving, there may be additional expenses if the court decides in favor of the employee.

When is it possible to change the terms of an employment contract and how to arrange it?

When can an employment contract be changed?

The absence or decrease in demand for manufactured goods, a decrease in the volume of orders, an increase in prices for raw materials, materials, energy carriers in themselves are not reasons for changing the terms of an employment contract at the initiative of the employer Determination of the Moscow Regional Court dated September 14, 2010 No. 33-17729; Review of the cassation practice of the Armed Forces of the Republic of Komi in civil cases for May 2009. But these circumstances may force the employer to change working conditions. Then the employer can offer the employee a change in the terms of the employment contract if three conditions are met Art. 74 Labor Code of the Russian Federation:

• organizational or technological working conditions have changed. Technological changes include, in particular, the introduction of new technologies, more modern equipment and mechanisms. In a crisis, they are less likely because they require additional costs.

More often employers refer to organizational changes. This is, for example, a change in the structure of the organization (in particular, the unification of structural divisions, the redistribution of functions between divisions), a change in the operating mode of the organization (for example, the store worked around the clock, and now it will work from 9.00 to 23.00).

Sometimes employers also refer to structural changes as a change in the staffing table, internal labor regulations, and the wage system. As explained to us in Rostrud, such changes in themselves cannot serve as a reason for changing employment contracts if they are not related to organizational or technological working conditions. You can read more about the position of Rostrud on this issue in an interview with the Deputy Head Federal Service on labor and employment in , ;

• such changes in working conditions entail a change in the terms of the employment contract with employees (for example, the organization’s working hours change, and with it the employer is forced to change the working hours of employees);
• the work function of the employee does not change. That is, the employee continues to perform work in his previous position, profession or specialty. If a change in working conditions entails the need to change the labor function of an employee, then this is a transfer to another permanent job at Art. 72.1 of the Labor Code of the Russian Federation. This means that in case of refusal of such a transfer, if the employer cannot retain the employee’s previous position, it is necessary to reduce the number or staff of the employee in p. 2 h. 1 art. 81 of the Labor Code of the Russian Federation.

Read about how to act in various situations when reducing staff and how to arrange it, read:,

If at least one of the conditions is not met, but at the same time the employer worsens the terms of the employment contract with the employee (for example, reduces wages, establishes part-time work, which also leads to a decrease in wages), then the court, if the employee applies there, may oblige the employer to restore previous terms of the employment contract Clause 21 of the Decree of the Plenum of the Supreme Court of March 17, 2004 No. 2. For example, in the event of a reduction in wages, the court may oblige the employer to pay the lost wages from Cassation ruling of the Supreme Court of the Udmurt Republic dated May 30, 2011 No. 33-1880/11 and compensation for the delay in its payment in the amount of at least 1/300 of the refinancing rate for each day of delay and Art. 236 of the Labor Code of the Russian Federation.

How to submit changes

If these three conditions are met, then you must act like this Art. 74 Labor Code of the Russian Federation.

STEP 1. We draw up a change in organizational or technological working conditions.

The procedure depends on where the variable working conditions are fixed.

If a decision is made to enlarge or abolish certain structural divisions, then by order of the head, changes are made to the staffing table or a new staffing table is approved. When changing the operating mode of the organization by order of the head, it is necessary to make changes to the internal labor regulations (PWTR). If organizational or technological changes lead to a change in the remuneration system, then by order of the head, changes must be made to the regulation on remuneration.

If the organization has a trade union, then when making changes to the PWTR, the regulation on remuneration, other local regulations, it is necessary to follow the procedure for taking into account the opinion of the representative body of the employee in Art. 372 of the Labor Code of the Russian Federation.

STEP 2. We notify the employee in writing:

• what conditions of the employment contract are being changed;
• about the reasons for changing the employment contract.

It can be formulated like this.

In accordance with Art. 74 of the Labor Code of the Russian Federation, we notify you that in connection with the decision of the director of Pervotsvet LLC to change the operating mode of Pervotsvet LLC and the order of the director dated March 2, 2015 No. 10 “On Amendments to the Internal Labor Regulations of Pervotsvet LLC” From May 15, 2015, the working hours established by your employment contract will be changed. You will be set a working day from 15.00 to 24.00. Other terms of the employment contract do not change.

The notice must be given to the employee at least 2 months before the introduction of the changes. Art. 74 Labor Code of the Russian Federation. If the employer is an entrepreneur, he must send such a notice to employees at least 2 weeks in advance and Art. 306 of the Labor Code of the Russian Federation. These are the minimum terms. No maximum notice periods have been set.

It is better to make a notification in two copies: one to transfer to the employee, the other with the signature of the employee on familiarization with the indication of the date to keep.

If an employee refuses to receive notification, draw up an act about this in the presence of at least two other employees.

In what period and in what form the employee can express consent or disagreement to change the contract, we were told in Rostrud.

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

“The employee must inform about his decision no later than 2 months from the date of notification. The employer is not entitled to reduce this period unilaterally. The consent of the employee to continue work can only be expressed by signing an additional agreement to the employment contract.

STEP 3. Your next steps depend on the situation.

SITUATION 1. The employee agrees to change the employment contract. Then it is necessary to conclude an additional agreement with him to the employment contract, in which it is necessary to include the changed conditions.

When does such an agreement enter into force?

FROM AUTHENTIC SOURCES

“A two-month period is given to the employee in order to prepare for such changes. If the employee agrees to continue working, an additional agreement to the employment contract is concluded between him and the employer, which comes into force, as a rule, from the date of signing. Thus, the parties may agree to change the terms of the contract before the expiration of 2 months in” .

Rostrud

Accordingly, from the date of signing the additional agreement, the employee must start working in the new conditions.

Can an employee who agreed to change the employment contract then revoke his consent?

FROM AUTHENTIC SOURCES

“The consent of the employee to continue working under the changed conditions is recorded in the additional agreement signed by him to the employment contract. After signing an additional agreement, he can initiate the issue of terminating the employment contract on appropriate grounds. If the additional agreement is not signed, he has the right to refuse to continue work before the expiration of the notification period.

Rostrud

SITUATION 2. The employee does not agree to change the terms of the employment contract. The employee's refusal to continue working can be recorded, for example, on a copy of the notice, which remains with the employer.

Then the employee must be offered in writing a transfer to another available job in the same locality, corresponding to his qualifications or requiring a lower qualification, which he can perform taking into account the state of health. The employee must express his consent to the transfer no later than 2 months from the date of notification of the change in the employment contract. If an employee:

• <или>agree to the transfer, then we conclude an additional agreement with him. On the basis of this agreement, we issue a transfer order (as a basis, you can take the form No. T-5 approved Decree of the State Statistics Committee dated 05.01.2004 No. 1);
• <или>does not agree to the transfer, and also if you do not have a job that can be offered to him, then we dismiss him after 2 months from the date of delivery of the notice of changes in the terms of the employment contract under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation. This period begins to be calculated from the day following the day the notice was delivered to the employee. For example, the notice was given to the employee on March 16, 2015. This means that we start counting 2 months from March 17, 2015. Therefore, the employee can be fired after these 2 months, that is, May 17, 2015. Since the day of dismissal falls on a day off, then the employee must be fired on the next working day Art. 14 Labor Code of the Russian Federation.

An employee who does not agree to a change in the contract may ask to be dismissed even before the expiration of the two-month notice period.

FROM AUTHENTIC SOURCES

“The employee has the right to terminate the employment contract at any time by submitting an appropriate letter of resignation according to own will. The employee should be dismissed in connection with the refusal to continue work no earlier than the expiration of a two-month period from the date of written notification.

Rostrud

On the day of dismissal, in addition to the usual payments, he also needs to pay severance pay in the amount of two weeks average earnings

The law assumes that changes to the employment contract can be made subject to special rules. The most common reason for revision is a change in the place and working conditions at the initiative of the employer. We will analyze step by step how to carry out this procedure correctly.

General information

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions, in a timely manner and within full size pay the employee wages.

The employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations applicable to this employer.

The employment contract fixes the agreement of the parties on the main issues, including: place of work, working time, labor function (position), working conditions, wages, rights and obligations of participants in the employment contract, etc.

These main points in the employment contract are the essential conditions of the employment contract and are indicated in Part 2 of Art. 57 of the Labor Code of the Russian Federation.

It must also be remembered that changing the terms of an employment contract should not worsen working conditions, reduce guarantees, limit the rights of employees in accordance with the current labor legislation, otherwise such conditions are considered invalid (part 2 of article 9 of the Labor Code of the Russian Federation).

Options for changing the terms of the contract

By general rule(Article 72 of the Labor Code of the Russian Federation), changing the terms of the contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except as expressly provided by law.

The Labor Code of the Russian Federation lists the following situations when changes in working conditions are allowed at the initiative of the employer:

• Art. 72.1 of the Labor Code of the Russian Federation - transfer to another job;
• Art. 72.2 of the Labor Code of the Russian Federation - temporary transfer to another job;
• Art. 73 of the Labor Code of the Russian Federation - transfer of an employee to another job in accordance with a medical report;
• Art. 74 of the Labor Code of the Russian Federation - changes in technological or organizational working conditions;
• Art. 60.2 TC RF-combination posts.

Important! Any changes to an already signed employment contract can only be made in the same way as it was originally concluded - by mutual agreement. The employer is not entitled to do this unilaterally, the law directly prohibits it.

Transfer to another job

The transfer of an employee to another job should be understood as a permanent or temporary change in the labor function of the employee or the structural unit in which the employee works, while continuing to work for the same employer, as well as transfer to work in another area together with the employer. The reason for the decision of the management to introduce such changes can be not only the successes and achievements of a particular employee, but also his inconsistency with his position.

Less often, the transfer will be forced, for example, in emergency situations, if necessary, to replace an absent colleague. The following will also be considered a translation:

• change not just a workplace, but also a subdivision, of course, if it is clearly stated in the employment contract;
• moving to another locality along with the entire company.

Note! Translation has important differences from a movement similar to it, that is, performing the same work, but at a different workplace, in another structural unit located in the same area, entrusting it with work on a different mechanism, unit, device, machine tool, car, etc. etc. In this case, there are no changes in the labor function itself or clauses of the employment contract (Article 72.1 of the Labor Code of the Russian Federation).

The transfer can be termless or temporary, lasting up to one year. At the same time, at the end of the transfer period, his former place of work was not provided to him and he did not demand it back and also continues to work, then the transfer from temporary becomes permanent.

But it is always necessary to comply with two indispensable requirements:

• the written consent of the employee;
• there are no health contraindications to work.

Important! Art. 72.2 of the Labor Code of the Russian Federation expressly stipulates that the transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is allowed in case of downtime, the need to prevent the destruction or damage to property, prevent catastrophes of various nature and eliminate their consequences.

However, even in this situation, transfer to a job requiring lower qualifications is allowed only with written consent worker. Refusal to perform work in a translation made in compliance with the law is recognized as a violation labor discipline, and absence from work - absenteeism.

It is also important for the employer to remember that amendments to the employment contract are also possible at the initiative of the employee himself, while it is up to the employer to change or not any conditions for such an employee.

But there are exceptions when the employer does not have the right to refuse to change certain conditions of the employment contract for the following employees (part 2 of article 93 of the Labor Code of the Russian Federation, paragraph 3 of clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 01/28/2014 N 1):

• pregnant woman;
• one of the parents / guardian who has a child under 14 years of age or a disabled child under 18 years of age and other persons with such children;
• caregiver caring for a sick family member.

Changes in technological or organizational working conditions

Such changes are understood as changes for reasons related to a change in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.), while the terms of the employment contract determined by the parties cannot be saved. An approximate list of circumstances that serve to change the terms of an employment contract is given in Part 1 of Art. 74 of the Labor Code of the Russian Federation and clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”. In such cases, it is allowed to change them at the initiative of the employer, with the exception of changing the labor function of the employee.

The employer, according to the law, is not obliged to report to employees, but must notify employees of upcoming changes and their reasons, as well as follow a certain procedure for notifying all interested parties.

Changes can affect various aspects of the employment contract: the amount and method of remuneration, working and free time, etc. But, as a rule, they concern not just individual employees, but the whole team of the organization. That's why milestone implementation of such innovations will require the consent of the local trade union representing the workers.

The employer should remember that he will have to be ready to prove the need to change the terms of the employment contract due to changes in organizational or technological working conditions, if the dissenting employee goes to court. If the employer cannot justify the need for these changes in court, then these changes may be declared illegal, and the employer may be required, for example, to restore the employee’s employment contract under the previous terms or pay the employee’s lost wages, it all depends on the employee’s requirements.

There is also an exception for employees who worked part-time and who cannot be denied such a regime (for example, a pregnant woman), it is impossible to transfer unilaterally to a full-time job without their written consent.

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General procedure for registration of changes

Steps and actions of the employer's human resources department when documenting any changes to employment contracts must be as follows:

• Issuance of an order, which indicates the reasons for changing working conditions, new conditions, a list of employees who will be affected by this, the timing and procedures for changing, as well as responsible persons. The law does not oblige to issue this document, but in practice it is often done.
• Notice. Warn the employee about the planned changes in the employment contract in writing and at least 2 months in advance the law obliges (exceptions, for example, individual entrepreneurs must notify employees at least two weeks in advance (Article 306 of the Labor Code of the Russian Federation), religious organizations - at least a week in advance (Article 344 of the Labor Code of the Russian Federation)). The notice is most often given to the employee in person, but it is perfectly acceptable to send it by registered mail with email notification.
• Obtaining a response from each employee with consent. This may be a handwritten signature on the proposal or a separate statement from the employee.
• Familiarization of the employee with his job responsibilities at another workplace and other local regulatory documents.
• Drafting, approval and signing of an additional agreement to the employment contract. In the future, it becomes an integral part of a valid and registered labor contract (Article 57 of the Labor Code of the Russian Federation).
• Issue of the order. For this it is convenient to use unified form T-5. The use of forms of documents approved by the State Statistics Committee is not mandatory, but it is convenient for personnel department specialists and managers.
• Acquaintance with the order of the employee. This fact is certified by his own signature. The second copies of the order and additional agreement are transferred to the employee.
• Making entries in the employee's personal card (T-2 form) and his work book. But only if there is a transfer, that is, the labor function (position) of the employee changes. Moving, combining positions or changing the mode of work in the work book and personal card are not reflected.

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Refusal of the employee to change the terms of the employment contract

Each employee has the right to determine for himself whether he wants to work at a new workplace or with a different pay and refuse the corresponding offer of the employer. There can be two consequences of such a refusal:

• the place of work and position will remain the same, work will continue on the same conditions fixed in the contract;
• the employment contract with the refused employee will be terminated, but not as a punishment, but on the basis of paragraph 7 of Art. 77 of the Labor Code of the Russian Federation.

Dismissal associated with the employee's refusal to continue working due to a change in the terms of the employment contract implies notification of such an event to the employee also in advance, 2 months in advance. The employer immediately in writing and signed. During this time, he must offer the employee other options if the employer has them (paragraph 7 of part 1 of article 21, articles of article 57, 74 of the Labor Code of the Russian Federation). It is also better to record the refusal of an employee from the proposed vacancies in writing.

Upon dismissal for this reason the employee is entitled to compensation - severance pay. Its amount in this situation is limited to two weeks' earnings.

Often employers, not wanting to part with the employee, but also not being able to maintain the same working conditions, or not having legal grounds for terminating the contract, or building new order work of the enterprise (structural subdivision), begin different ways encourage employees to take involuntary actions to amend the employment contract.

Changing essential working conditions: beware of changing them under pressure

Pavel Khlebnikov

As we know, if it is necessary to change working conditions, it is necessary to change the employment contract - the main document that establishes the rights and obligations of the employee, his guarantees. As in any other contract, the law provides for conditions without which the contract is considered invalid. Such conditions are called essential, although such a concept is not directly enshrined in the Labor Code of the Russian Federation. In view of their importance for the employee, the legislator has provided for a special procedure for changing the employment contract.

Article 57 of the Labor Code of the Russian Federation contains an exhaustive list of the essential terms of the contract: place and date of commencement of work; the name of the profession, specialty; the position to which the employee enters; rights and obligations of the employee and the employer; characteristics of working conditions (indication of harmful and dangerous working conditions); mode of work and rest; terms of remuneration; types and conditions social insurance if it is directly related to labor activity, etc.

The consent of the employee to change the terms of the employment contract is mandatory. If the employee refuses to continue the employment relationship under the new conditions, then he must be offered all available vacancies. If the proposed places of the employee are not satisfied, the dismissal is issued on the basis of paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation. If the employee agrees to a change in working conditions, an additional agreement is signed with him and consent to such a change is usually made in writing. Obtaining consent to change the terms of the Labor Code of the Russian Federation is not provided, but in the event of a labor dispute, it will be a significant help to the employer. This procedure for the parties to an employment contract when it is changed is enshrined in the Labor Code of the Russian Federation.

Often, employers, not wanting to part with the employee, but also not being able to maintain the previous working conditions, or having no legal grounds for terminating the contract, or building a new operating procedure for the enterprise (structural unit), begin to push employees in various ways to take involuntary actions to make changes in an employment contract. These changes usually affect essential conditions.

In this situation, the employer often makes serious mistakes, as a result of which his actions are qualified as pressure. Pressure when making changes to the employment contract is unacceptable, because this is contrary to the basic principle of the employment contract and labor relations in general, the principle of voluntariness, which is enshrined in the Constitution and the Labor Code of the Russian Federation, and the norms of international law. As a rule, employers use the employee's ignorance of the norms labor law, as well as a far-fetched consequence - dismissal.

When analyzing judicial practice, several main groups of violations can be distinguished when exerting pressure on an employee. Let's look at a few of the most common ones.

1. Applying pressure when transferring to another position

One of the reasons for changing the employment contract is a transfer to another job. Promotion and demotion refers to transfers that require the employee's consent. Transfer to another job under the current labor legislation is allowed only with the written consent of the employee. This general rule, from which the legislator makes exceptions for the cases provided for in Parts 2 and 3 of Art. 72.2 of the Labor Code of the Russian Federation.

According to paragraph 16 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, in accordance with Art. 60 and 72.1 of the Labor Code of the Russian Federation, the employer is not entitled to require the employee to perform work not stipulated by the employment contract, except as provided for by the Labor Code of the Russian Federation and other federal laws, and also to transfer the employee to another job (permanent or temporary) without his written consent, except in cases provided for by Part 2 and 3 of Art. 72.2 of the Labor Code of the Russian Federation.

The transfer based on the application received from the employee complies with the procedure established by law. The fact of a decrease in salary or dishonest performance of duties does not indicate pressure. But very often, the courts consider the employer's insistent proposals and demands to write a transfer application as pressure.

Example from jurisprudence

Decision No. 2-825/2015 2-825/2015~M-655/2015 M-655/2015 dated October 07, 2015 in case No. 2-825/2015 IN Ereshchaginsky District Court of the Perm Territory. The head physician demanded that the nurses write an application for transfer to another department of the hospital with a change in working conditions and a decrease in salary, threatened with dismissal. The court decision declared the transfer orders illegal.

By decision of the Leninsky District Court of the city of Omsk dated May 24, 2011 No. 2-1658 / 11, the employee’s demand to cancel the order to transfer to a lower-paid job was satisfied, since the application for transfer by the plaintiff was not written by his own will, but under pressure and threat of her direct leader. These circumstances were confirmed at the court session by witnesses who heard it and observed it personally. The court concluded that the plaintiff wrote an application for transfer under the psychological pressure of the boss, and the transfer order was declared illegal.

2. Applying pressure to change the term of an employment contract

The indicated dishonest action of the employer is most often allowed when it is necessary to “adjust” the terms of the employee’s work at the enterprise, reducing the term, and thereby free the employee, i.e., in fact, dismiss him under pressure due to the expiration of the employment contract. When putting pressure on the employee when signing this agreement, the employer must remember that in this case there is a dismissal under pressure. Dismissal under pressure due to its illegal nature is illegal. As in the first case, the principle of voluntariness will be absent here, that is, all fundamental principles are violated labor relations enshrined in the Constitution and the Labor Code of the Russian Federation.

There are a lot of examples of recognizing dismissal under pressure as illegal in judicial practice. It all depends on how it turned out. psychological pressure when compiling a document. It could be:

1. Deception and misrepresentation regarding the actions taken. In this case, as a rule, the employer or his representative is asked to perform some legally significant action, for example, write a letter of resignation or sign an agreement to change the term of the contract, and report that this is the only way to transfer to work with another employer who in turn will hire them. As a result new employer does not hire everyone. For example, in Ruling of the Nizhny Novgorod Regional Court dated July 14, 2009 No. 33-5168 on a cassation appeal against the decision of the Pavlovsk City Court to satisfy the requirements of an employee, the court reinstated the employee and recognized the dismissal as illegal.

2. Gross pressure when signing documents, including changing the deadline. Dismissal at the initiative of an employee (clause 3, part 1, article 77 of the Labor Code of the Russian Federation) implies his voluntary expression of will to terminate employment relations (article 80 of the Labor Code of the Russian Federation, clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2). Pressure from an employer to obtain a letter of resignation from an employee precludes his freedom of expression.

3. Pressure to change jobs and pay

One of the most common grounds for forcing an employee to change an employment contract, and at the same time one of the most controversial.

It should be immediately noted that in judicial practice the point of view is increasingly common that when the duties of an employee and the salary are reduced, this indicates that the labor function has also been changed. The courts consider it not only as the name of the position, but also as a set of duties of the employee. In most cases, the fact that the salary was reduced is important for the court. This also indicates that the labor function has not been preserved.

This position is based on the Definition of the Armed Forces of the Russian Federation of May 16, 2014 No. 5-KG14-14. In this case, not only duties were excluded, but the title of the position was also changed. The lower courts apply this position to a situation where only duties have been reduced for an employee.

Arbitrary (not by agreement of the parties or not in connection with a change in organizational or technological working conditions) reduction of wages by the employer is illegal (appellate ruling of the Oryol Regional Court of November 14, 2013 No. 33-2525). It can entail not only the recovery of unpaid amounts by the employee, but also liability the employer to the employee in the form of an obligation to pay interest at the key rate of the Central Bank of the Russian Federation on the amount of unpaid wages (decision of the Oktyabrsky District Court of Samara dated August 30, 2012 No. 2-3208/12).

In addition, in such a situation, it is possible to involve the employer and his officials to administrative responsibility. Consider, as an example, the Ruling of the Moscow City Court dated January 27, 2016 No. 4g-82/2016. After the employee informed the employer about her pregnancy, her labor functions were significantly reduced, and her salary was reduced. In the notice, the employer explained his actions organizational changes, namely the optimization of the organizational structure of the company and personnel costs through structural reorganization and the creation of a new structural unit, as well as the redistribution of job responsibilities. The employee was forced to sign an additional agreement on changing the terms of the employment contract, by virtue of which the name of her position and salary were changed. Considering the actions of the employer illegal, the employee went to court. In refusing to satisfy the plaintiff's claims, the court of first instance proceeded from the fact that the employee performed official duties in accordance with an additional agreement on changing the terms of the employment contract with a decrease in their volume and wages, which indicates that the change in the terms of the employment contract was voluntary on her part.

The Court of Appeal did not agree with this and took into account the employee's explanation that the additional agreement, which reduced her salary and changed her usual work functions, was actually signed under pressure from the employer, took into account the dependent position of the employee in the framework of labor relations. That is why the court concluded that the employer abused the rights granted to him. The court indicated that the changes in the employment contract were initiated by the employer. The employer has such a right, but only when the organizational or technological working conditions change and without changing the employee's labor function. However, the labor function of the employee was significantly changed: almost all of her job duties were excluded from her job description. This indicates a violation by the employer of the provisions of Art. 74 of the Labor Code of the Russian Federation.

4. Changes in organizational or technological working conditions and pressure

This foundation creates the largest number labor disputes and conflict situations, often resolved only in court. This is the only circumstance where the employee's consent is not required. Let's dwell on it in more detail.

According to Art. 74 of the Labor Code of the Russian Federation 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 can be changed at the initiative of the employer . At the same time, the labor function of the employee (that is, his profession, specialty, specific view the work they do). Otherwise, it will be about transferring to another job. According to Art. 74 of the Labor Code of the Russian Federation about upcoming changes in the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than two months in advance. Employer - individual must do so at least 14 calendar days(Article 306 of the Labor Code of the Russian Federation), and a religious organization - at least 7 calendar days in advance (Article 344 of the Labor Code of the Russian Federation).

This circumstance is very convenient to change the employment contract and (or) part with the employee under the guise of changing the organizational or technological working conditions. Most often, a scheme is implemented when the employer warns the employee about changes in working conditions (technological, organizational) and offers a contract on new conditions that are unfavorable for the employee, and then, in case of refusal, simply dismisses him under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

But it's not so simple. Clause 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 " » relates to changes:

technological working conditions - a change in the technology of work or production, the introduction of new types of products, services into production, re-equipment of production, etc.;

organizational working conditions - changes in the structure of the organization, including the management structure, revision of labor standards, introduction of new forms of labor organization, work and rest regime, etc.

And this is exactly what the employer has to prove in court in the event of a labor dispute about dismissal under pressure or changes in working conditions.

Here are a few examples of court decisions where the employer made mistakes in connection with the application of this circumstance and the working conditions were not actually changed:

Clarification or change job descriptions(Appeal ruling of the Omsk Regional Court dated April 29, 2015 in case No. 33-2668/2015);

Decrease in the volume of sales of goods, provision of services, performance of work (Appeal ruling of the Arkhangelsk Regional Court dated February 4, 2013 in case No. 330632/2013);

Changes in the exchange rate, the economic crisis (Appeal ruling of the Yamalo-Nenets Court autonomous region November 13, 2014 in case No. 33-2757/2014);

Transfer of an employee to another department with a reduction in wages (Appeal ruling of the Moscow City Court dated May 12, 2015 No. 33-14301 / 2015)

Thus, realizing this circumstance of changing the terms of the contract, it is necessary to clearly distinguish and understand that not all changes may be of an organizational or technological nature, and the nature of the changes will have to be proved in court.

In conclusion, it should be noted that by putting pressure on the employee in order to change the employment contract, the employer violates the current labor legislation and the principle of voluntary labor relations, and then he himself suffers various kinds of negative consequences. Before changing the terms of an employment contract, you need a comprehensive analysis of the procedure and strict adherence to the letter of the law. This is evidenced by the practice of applying and resolving cases by courts on this species labor disputes.

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 the Labor Code of the Russian Federation (for example, Article 306 of the Labor Code of the Russian Federation provides, what employer - individual notify the employee of changes in the terms of the contract at least 14 days in advance).

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 part 1 of Art. 77 of the Labor Code of the Russian Federation, with the payment of severance pay under Art. 178 of the Labor Code of the Russian Federation.

Grounds and procedure for changing the employment contract

The legislator provided for a specific basis for changing the employment contract in Art. 74 of the Labor Code of the Russian Federation. The employer can unilaterally change the terms of the employment contract (with the exception of the labor function) due to changes in organizational or technological working conditions. In this case, a change in organizational working conditions is understood, as a rule, as a structural transformation of the employer (merger or division of structural units, liquidation of a branch or representative office, etc.). A change in technological conditions usually consists in improving the technique and technology of production, re-equipping it, and improving the technological process. The legislator has provided a special procedure for such a change, which can be conditionally divided into several stages.

At the first stage, the employer must determine which of the employees may be affected by the changes he is making in the organization or labor technology and what conditions of employment contracts should be changed (including the place of work and locality).

At the second stage, the employer is obliged to individually notify the relevant employees in writing about the upcoming changes in the terms of the employment contract, as well as the reasons that caused them, no later than two months after which the parties enter into an agreement to change the agreed conditions, and the employer must issue an appropriate order.

The third stage comes under the condition that the employee does not agree to work in the new conditions. In this case, the employer is obliged in writing to offer the employee another job available to him, as a rule, in the same locality (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. The stage, like the previous one, ends with the conclusion of an agreement on changing the agreed conditions and its execution by an order (instruction).

The condition for the onset fourth stage is the impossibility of providing the employee with work that meets the requirements of the law, or his refusal of the proposed work. In this case, the employment relationship is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Article 72 Changing the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Article 74 Changing the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions

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, at least 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 (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.

In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed article 372 of this Code for the adoption of local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with paragraph 2 of the first part of Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime 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 in 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, agreements.

General characteristics of the grounds for termination of the employment contract.

In Art. 77 of the Labor Code of the Russian Federation establishes general grounds for termination of labor

contracts: 1) agreement of the parties (Article 78 TKRF); 2) expiration of the term of the employment contract (clause 2 of article 58 of the Labor Code of the Russian Federation), except in cases where the employment relationship actually continues and none of the parties has demanded their termination; 3) termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation); 4) termination of the employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation); 5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position); 6) the employee's refusal to continue working in connection with a change in the owner of the organization's property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation); 7) the employee's refusal to continue working due to a change in the essential terms of the employment contract (Article 73 of the Labor Code of the Russian Federation); 8) the employee's refusal to be transferred to another job due to a state of health in accordance with a medical report (part 2 of article 72 of the Labor Code of the Russian Federation); 9) refusal of the employee to transfer in connection with the relocation of the employer to another locality (part 1 of article 72 of the Labor Code of the Russian Federation); 10) circumstances beyond the control of the parties (art. 83 TKRF); 11) violation of the Labor Code of the Russian Federation or other federal law the rules for concluding an employment contract, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

In all cases, the day of dismissal of the employee is the last day of his work.

An employment contract can be terminated at any time by agreement of the parties to this contract (Article 78 of the Labor Code of the Russian Federation).

In accordance with Art. 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon the expiration of its validity period, about which the employee must be warned in writing at least three days before dismissal: if the contract is concluded for the duration of certain work, it is terminated upon completion of this work, if for a while performance of the duties of an absent employee - with the release of this employee to work, if for the duration of seasonal work - after a certain season.

Termination of the employment contract at the initiative of the employer. Legal consequences of illegal dismissal.

The dismissal of an employee is a restriction of his right to work, therefore, it is allowed only if there are grounds provided for in the law. Article 81 of the Labor Code of the Russian Federation contains a list of cases of termination of an employment contract at the initiative of the employer.

Some grounds for termination of an employment contract (clauses 1, 2, 3, 5, 6, 11, 12 of article 81 of the Labor Code of the Russian Federation) are general, i.e. can be applied to any employee. Paragraphs 4, 7, 8, 9, 10, 13 of Art. 81 of the Labor Code of the Russian Federation establish additional grounds that apply only to certain categories employees specified in these paragraphs, for example, to the head of the organization; to the chief accountant; to an employee directly serving monetary or commodity values; to an employee who performs educational functions.

Depending on the presence or absence of the employee's fault, there are guilty and innocent grounds for terminating the employment contract. As a rule, if there is no fault of the employee (clauses 1, 2, 3, 4, 12 of article 81 of the Labor Code of the Russian Federation), then upon dismissal, the employer must perform a number of actions.

The employer is obliged to notify the employees personally and against receipt of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees at least two months before the dismissal (Article 180 of the Labor Code of the Russian Federation).

Upon dismissal on the grounds specified in paragraphs 2 and 3 of Art. 81 of the Labor Code of the Russian Federation, the employer must find opportunities to transfer the employee with his consent to another job. When deciding to reduce the number or staff of employees of the organization and the possible termination of employment contracts in accordance with paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to inform the elected trade union body of this organization in writing no later than two months before the start of the relevant events, and in case of mass dismissal - no later than three months.

Upon dismissal of employees who are members of the trade union, according to paragraph 2, sub. "b" paragraph 3 of Art. 81 of the Labor Code of the Russian Federation, the employer must take into account the reasoned opinion of the elected trade union body of this organization in accordance with Art. 373 of the Labor Code of the Russian Federation.

Dismissal in accordance with sub. "b" paragraph 3 of Art. 81 of the Labor Code of the Russian Federation must be preceded by certification. The employer must include a member of the commission from an elected trade union body in the attestation commission.

In accordance with Art. 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay. Upon termination of the employment contract in connection with the liquidation of the organization (clause 1 of article 81 of the Labor Code of the Russian Federation) or the reduction in the number or staff of employees (clause 2 of article 81 of the Labor Code of the Russian Federation), the dismissed employee is paid a severance pay in the amount of average monthly earnings. Upon termination of an employment contract due to a discrepancy between the position held or the work performed due to health conditions (subparagraph "a", paragraph 3 of article 81 of the Labor Code of the Russian Federation), a severance pay is paid in the amount of two weeks of average earnings.

If the employee is at fault (clauses 5-11 of article 81 of the Labor Code of the Russian Federation), the employer can exercise his right to terminate the employment contract without observing the above conditions, i.e. dismissal on grounds that contain the fault of the employee occurs in a simplified manner: without warning, without taking into account the opinion of the trade union, without paying severance pay. An exception to this general rule is Art. 82 of the Labor Code of the Russian Federation, which stipulates that the dismissal of trade union members under paragraph 5 of Art. 81 of the Labor Code of the Russian Federation (for repeated failure to fulfill labor duties without good reason) is carried out taking into account the reasoned opinion of the elected trade union body of this organization.

Dismissals of employees on the grounds provided for in paragraphs 5-10 of Art. 81 of the Labor Code of the Russian Federation are considered disciplinary dismissals. When applying the most severe disciplinary sanction, which is dismissal, the employer is obliged to comply with the terms and procedure for applying disciplinary sanctions established by Art. 193 of the Labor Code of the Russian Federation. Before applying a disciplinary sanction, a written explanation must be requested from the employee. A disciplinary sanction (including dismissal for repeated non-fulfillment of labor duties without valid reasons; for absenteeism; for appearing at work in a state of alcoholic, narcotic or toxic intoxication; for committing theft at the place of work) is applied no later than one month from the date of discovery of the misconduct. A disciplinary sanction may not be applied later than six months from the day the offense was committed.

Termination of the employment contract at the initiative of the employee and by agreement of the parties.

Termination of the employment contract at the initiative of the employee. If the employee expresses a desire to terminate relations with the employer, then, regardless of the term of the contract concluded between them, he has the right to do so, subject to a written warning from the employer no later than 2 weeks in advance. By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal. In cases where the employee’s application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application. Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in writing to take his place, who, in accordance with federal laws, cannot be refused to conclude an employment contract. Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him. If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues . By agreement of the parties. On this basis, the employment contract can be terminated at any time. This applies to both a fixed-term employment contract (until its expiration date) and an indefinite one. At the same time, it does not matter who owns the initiative to terminate the employment contract - the employee or the employer, the main thing is that the other party supported the initiative of the first party. Upon reaching an agreement between the parties, the employment contract is terminated within the period specified by the parties

General rules for processing the termination of an employment contract.

Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code); 2) expiration of the term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties has demanded their termination; 3 ) termination of the employment contract at the initiative of the employee (Article 80 of this Code); 4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code); 5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position); 6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code); 7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code); 8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code); 9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code); 10) circumstances beyond the control of the parties (Article 83 of this Code); 11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code). An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.

The concept and types of working time.

Work time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the laws and other regulatory legal acts of the Russian Federation, relate to working time. There are the following types of working time: normal, reduced, part-time, overtime, night. Normal working hours- this is the norm of working time established by law, which must be observed by the parties to the employment contract (employee and employee), regardless of the form of ownership of the organization. The maximum normal duration of the working week for all employees who have concluded an employment contract should not exceed 40 hours. Reduced working hours- this is working time, the duration of which is less than 40 hours per week, but with full pay, it is established for the following categories: - for employees under the age of 16 - no more than 24 hours per week; - for employees aged 16 to 18 - no more than 35 hours per week; - for employees who are disabled people of group I or II - no more than 35 hours a week; - for workers at work with harmful or dangerous conditions - up to 36 hours a week; - for students in educational institutions working in their free time from 16 to 17 years old - 18 hours a week, up to 16 years old - 12 hours a week. In case of a shortened working day (as a general rule), an additional payment is made for the hours not worked by the employee based on the average earnings of the employee. part-time work. By agreement between the employee and the employer, part-time (shift) or part-time work can be established both at the time of employment and subsequently. work week. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical report. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights. Work at night. Night time is from 22:00 to 06:00. The duration of work (shift) at night is reduced by one hour without subsequent working off. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement. The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act. To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with the Labor Code and other Federal Laws. Women with children under the age of 3, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation, mothers and fathers raising children under the age of 5 without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited by their state health according to the medical opinion. At the same time, these employees must be informed in writing of their right to refuse to work at night. The procedure for night work of creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, the media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, local regulatory act or agreement of the parties to the employment contract. Each hour of work at night is paid at an increased rate compared to work under normal conditions (but not lower than the rates established by laws and other legal acts). Overtime work- work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working hours - in excess of the normal number of working hours for the accounting period. Engagement by the employer of an employee to work overtime is allowed with his written consent in the following cases: 1) if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if non-fulfillment (non-completion) of this work may lead to damage or destruction of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people;

2) during the production of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause a significant number of employees to stop working; 3) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee. Engaging an employer of an employee in overtime work without his consent is allowed in the following cases: 1) in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster; 2) when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) water disposal systems, gas supply, heat supply, lighting, transport, communications systems; 3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it. In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization. It is not allowed to be involved in overtime work pregnant women, workers under the age of eighteen, other categories of workers in accordance with the Labor Code of the Russian Federation and other Federal Laws. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature. The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year

Features of attracting employees to perform labor duties for the established duration of working hours.

The concept and types of working hours, and the procedure for their establishment.

The mode of working time is the distribution of the working time of the organization per day, week. The working time regime should provide for the duration of working hours (five days with two days off, six days with one day off, a working week with days off according to a staggered schedule), work with an irregular working day for certain categories of workers, the duration of daily work (shifts), time the end and start of work, the time of breaks in work, the number of shifts per day, the alternation of working and non-working days, which are established by the collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation, other Federal Laws, 0 collective agreement, agreement. Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation. The working time regime is established by the Internal Labor Regulations, which are developed by the employer, taking into account the opinion of the representative body of employees in accordance with Art. 372 TKRF. These rules may also be an annex to the collective agreement of the organization. Flexible working hours. The work is carried out in a flexible working time regime, when the beginning, end or total length of the working day is determined by agreement of the parties. At the same time, the employer ensures that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, etc.). In these cases, the processing of working time on the days of working off cannot be considered overtime work. Irregular working hours. A special mode of work is an irregular working day. In this mode individual workers may, by order of the employer, if necessary, occasionally be involved in the performance of their labor functions outside the established working hours for them. Irregular working hours may be applied to administrative, managerial, technical and economic personnel; persons whose work cannot be accounted for in time; persons who distribute time at their own discretion; persons whose working time, by the nature of the work, is divided into parts of indefinite duration. Such work outside of working hours is compensated by the provision of additional paid leave - at least 3 calendar days. Shift work- this work in two, three or four shifts. It is introduced in cases where the duration of the production process exceeds the allowable duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided. During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule. When drawing up a shift schedule, the employer takes into account the opinion of the representative body of employees. Shift schedules, as a rule, are an annex to the collective agreement and are brought to the attention of employees no later than 1 month in advance. before they go into effect. As a general rule, work for two shifts in a row is prohibited. Dividing the working day into parts. In a number of cases at work (where this is necessary due to the special nature of work, and also if the intensity of work is not the same during the working day (shift), the working day can be divided into parts so that the total length of working time does not exceed the established duration of daily work. . Such a division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization. Work in such conditions is compensated, as a rule, by an increased payment established by agreement of the parties.

The concept and types of rest time: general characteristics legal regulation.

In Art. 106 of the Labor Code of the Russian Federation says that rest time is the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. In the above norm, for the first time in labor legislation, the definition of rest time is formulated. In Art. 106 of the Labor Code of the Russian Federation, it is defined in such a way that outside the boundaries of working hours, the employee is given the right to use all free time according to your interests. Article 106 of the Labor Code of the Russian Federation is one of the norms of labor legislation that consolidates and details the right to rest, which is established by Part 5 of Art. 37 of the Constitution. It should be noted that, establishing the right to rest as an inalienable right of everyone, Art. 37 of the Constitution provides that the right to rest is guaranteed not to all citizens engaged in a particular labor activity, but only to those working under an employment contract. Therefore, the employer, as a party to the employment contract, is obliged to comply with the established working hours, provide the employee with all types of rest and provide conditions for the employee to exercise the right to rest. Therefore, the duration of rest time can be regulated both directly through the establishment of certain types of rest time and their duration, and by establishing the duration of working time and its boundaries. Collective agreements, agreements and local regulations of organizations may provide for additional benefits (guarantees) for employees in terms of rest time. The provision of benefits can also be established in the employment contract with the employee. The only condition: neither the acts listed above, nor the employment contract can provide for the deterioration of the norms established by labor legislation, collective agreements, agreements.

Types of rest time: In accordance with Art. 107 of the Labor Code of the Russian Federation, the types of rest time are: breaks during the working day (shift); daily (inter-shift) rest; days off (weekly uninterrupted rest); non-working holidays; holidays.

The above article establishes a list of types of rest time. It primarily refers to breaks during the working day (shift), but in reality the Labor Code of the Russian Federation provides for several types of breaks. These are, firstly, breaks for rest and meals, which are not included in working hours and are not paid (Article 108 of the Labor Code of the Russian Federation). Then breaks are provided for certain categories of workers, which are included in working hours and are payable (Article 109 of the Labor Code of the Russian Federation). These are the so-called special technological breaks, special breaks for heating and rest. Daily (between shifts) rest are inter-shift breaks that last from the end of the work shift until it begins on the next working day (shift).

Weekly uninterrupted rest - free time from work, calculated from the end of work on the last working day of the calendar week and until the start of work on the first working day of the next calendar week. Therefore, days off are included in the weekly uninterrupted rest. Its specific duration depends on the type of working week, shift schedules and work organization. Holidays are divided into non-working holidays (as a rule, days devoted to outstanding events) and others, such as professional holidays, memorable days, which, as a rule, coincide with weekly days off. Vacation, as well as each type of rest time, should contribute to the restoration of strength and functional activity of the employee. Vacation is the longest of all types of rest and is designed to relieve fatigue accumulated during the year and fully restore working capacity.

Legal regulation of short-term types of rest time.

During the working day (shift), the employee must be given a break for rest and food. The duration of such a break is not less than 30 minutes and not more than two hours. At the same time, the time of this break is not included in working hours (part 1 of article 108 of the Labor Code of the Russian Federation) and it is not subject to payment.

The time for providing a break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer (part 2 of article 108 of the Labor Code of the Russian Federation). The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of such acts. For the most part, they are an annex to the collective agreement (Article 190 of the Labor Code of the Russian Federation).

In addition to breaks for rest and meals, special breaks with other intended purposes have been legally introduced as rest periods (Article 109 of the Labor Code of the Russian Federation). The time of such breaks is included in working hours and is subject to payment.

The legislator in Article 109 of the Labor Code of the Russian Federation mentioned only a special break for heating and rest. Such a break should be provided to employees who carry out their activities in the cold season outdoors or in closed unheated premises, loaders engaged in loading and unloading operations.

The frequency of heating breaks and their duration depend on weather conditions at the place of work. The duration and procedure for granting such breaks are established by the internal labor regulations.

Regulations on the peculiarities of the regime of working hours and rest time:

crew members aircraft civil aviation of the Russian Federation;

air traffic control workers civil aviation RF, - special technical breaks are introduced for these categories of workers. So, when working in night shift the air traffic controller must be given an additional break of one hour with the right to sleep in a specially equipped room. The time for providing breaks and their specific duration are established by the internal labor regulations of the organization.

The optimal duration of a rest break during a work shift depends on the nature of the organization of the production process and working conditions.

The legislator used the concept of “additional break” in the Labor Code of the Russian Federation. Such a break should be given to working women with children under the age of one and a half years to feed the child. It must be provided at least every three hours of continuous operation of at least 30 minutes each. If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour (Article 258 of the Labor Code of the Russian Federation).

According to the woman, breaks for feeding the child (children) can:

join a break for rest and food;

in a summarized form, it is transferred both to the beginning and to the end of the working day (work shift) with its corresponding reduction.

The procedure for granting such an additional break is established at the request of the woman, taking into account her wishes.

In addition to the listed types of breaks provided to the employee in the process of performing his labor functions, the employer may establish other breaks. For example, a break for industrial gymnastics, psychological relief. Such breaks for 10-15 minutes can return the employee to working condition, relieving fatigue and excessive stress.

The procedure for their provision, frequency, duration and inclusion (or non-inclusion) in working hours are determined by the internal labor regulations of the organization. At the same time, some employers equip rooms for rest and psychological relief for such short breaks provided to employees during working hours.

Daily (inter-shift) rest is recognized as a break in work in the period after the end of the working day (shift) and before the start of a new working day (shift). The duration of the daily (international) rest is affected by the mode of operation and the length of the working day (shift).

For certain categories of workers, the minimum duration of daily (between shifts) rest is determined by special legal acts. For example, the Regulations on the peculiarities of the regime of working hours and rest time for employees of the floating composition of inland water transport vessels (approved by order of the Ministry of Transport of Russia dated May 16, 2003 No. 133) establish that the daily rest of these employees cannot be less than 12 hours (clause 18).

Features of the legal regulation of weekends and non-working holidays. The procedure for attracting an employee to work on weekends and non-working holidays.

Article 111. Holidays. All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off. The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row. Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the internal labor regulations.

Article 112. Non-working holidays

Additionally non-working public holidays religious holidays may be declared in the manner prescribed by Part 7 of Art. 4 of the Federal Law of September 26, 1997 N 125-FZ. Non-working holidays in the Russian Federation are: January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays; January 7 - Christmas; February 23 - Defender of the Fatherland Day; March 8 - International Women's Day; May 1 - Spring and Labor Day; May 9 - Victory Day; June 12 - Day of Russia; November 4 - National Unity Day.

If a day off and a non-working holiday coincide, the day off is transferred to the working day following the holiday, except for the days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner prescribed by part five of this article. Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full. The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary).

For the rational use of weekends and non-working holidays by employees, days off may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

Article 113. Prohibition of work on weekends and public holidays. Exceptional cases of involving employees to work on weekends and non-working holidays

Work on weekends and non-working holidays is prohibited, with the exception of cases provided for by this Code.

Engaging employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work in advance, on the urgent performance of which the normal work of the organization as a whole or its individual structural divisions, an individual entrepreneur depends in the future.

Engaging employees to work on weekends and non-working holidays without their consent is allowed in the following cases: 1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster; 2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property; 3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

Engagement to work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in in accordance with the lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, is allowed in the manner established by the collective agreement, local normative act, labor contract.

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Engagement to work on weekends and non-working holidays of disabled people, women with children under the age of three years is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized against signature with their right to refuse to work on a weekend or non-working holiday.

Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

The concept and methods of legal regulation of wages. Basic state guarantees for wages.

1. The concept of wages. Methods of its legal regulation The Labor Code distinguishes between the concepts of "remuneration" and "wages". Remuneration is a system of relations related to ensuring the establishment and implementation by the employer of payments to employees for their work in accordance with labor law and labor contracts. Wages are remuneration for work, as well as compensation and incentive payments. Legal regulation of wages is carried out by two methods: state (centralized) and contractual. The state (centralized) method has a narrow scope, it establishes the minimum level of legal guarantees in the field of wages, in particular, the minimum wage, northern allowances and regional coefficients, guarantee and compensation payments, wages in case of deviation from normal working conditions and wages for workers public sector, the procedure for calculating the average earnings. The contractual method is currently the leading method, it can be of two types: collective-contractual and individually-contractual. The collective bargaining method is expressed in regulation wages at a level higher than the organization through sectoral (intersectoral) tariff and other agreements, at the organization level - firstly, through a collective agreement (it may include issues related to the form, system and amount of remuneration, compensation, additional payments, indexation mechanism remuneration), and secondly, through local regulations (Regulations on bonuses, Regulations on the payment of remuneration based on the results of work for the year, etc.). The individual-contractual method is expressed in the establishment of wage conditions in relation to a particular employee and fixing them in an employment contract with him. 2. Key government payroll workers. Principles of the legal organization of remuneration and wages: wage discrimination is prohibited; wages are paid depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed; the minimum wage of an employee cannot be lower than the subsistence minimum for an able-bodied person established by federal law; wages are subject to indexation in connection with the growth of consumer prices for goods and services; wage systems, tariff rates, salaries, bonuses, other payments to the organization (with the exception of budgetary ones) are determined independently and fixed in collective agreements, local regulations; wages are paid regularly

Legal regulation of the minimum wage and minimum wage.

The minimum wage has a guarantee character, it acts as a social standard and is established simultaneously throughout the territory of the Russian Federation by federal law. In Art. 133 of the Labor Code of the Russian Federation stipulates that wages should not be lower than the subsistence level of an able-bodied person. The living wage is the cost estimate of the consumer basket, as well as mandatory payments and fees. The consumer basket includes a minimum set of food products, non-food products and services necessary to maintain human health and ensure its vital activity. It is determined by the main socio-demographic groups of the population as a whole in Russia and its constituent entities by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation on a quarterly basis on the basis of the consumer basket and data from the State Statistics Committee on the level of prices for food, non-food products and services, as well as the costs of mandatory payments and fees. The consumer basket and the subsistence minimum are calculated for three main socio-demographic groups of the population: able-bodied citizens, pensioners, and children. The minimum wage is based on the subsistence minimum established for able-bodied citizens. The rule established by Part 1 of Art. 133 of the Labor Code, will be introduced by a special federal law, which will have to determine the procedure and timing for introducing such a minimum wage in stages, since it is impossible to do this simultaneously in all sectors due to economic reasons. The right to receive the minimum wage arises for the employee only if he has fully worked out the standard of working hours and fulfilled the labor standards (labor duties). This right is retained by the employee even if the norm of working hours and labor norms are not fulfilled by the employee through no fault of his. The minimum wage is reviewed periodically, taking into account the rising cost of living, changes in the minimum consumer budget and the socio-economic situation in Russia. Since May 1, 2002, the minimum wage has been set at 450 rubles. The minimum wage does not include additional payments and allowances, bonuses and other incentive payments, as well as payments for work in conditions that deviate from normal, for work in special climatic conditions and in territories exposed to radioactive contamination, other compensation and social payments. All listed additional payments must be accrued in an amount not less than the established minimum wage. The minimum wage should be distinguished from the minimum tariff rates, official salaries established in collective agreements, tariff agreements (sectoral, intersectoral, republican). They are always above the minimum wage set by federal law. However, the minimum tariff rates, official salaries have a narrower scope, relating to workers either in one industry, or one profession, or one organization.

Form of payment. Restrictions on payment of wages in kind.

The main forms of remuneration are time and piecework.

Time-based is a form of remuneration in which the employee's salary depends on the time actually worked and the employee's wage rate, and not on the number of work performed. Depending on the unit of accounting for hours worked, hourly, daily and monthly tariff rates are applied.

The time-based form of remuneration is of two types - simple time-based and time-bonus.

With a simple time wage, the worker's earnings are determined by multiplying the hourly or daily tariff rate of his category by the number of hours or days worked by him. When determining the earnings of other categories of workers, the following procedure must be observed. If the employee has worked all the working days of the month, then the payment will be the salary established for him. If an incomplete number of working days is worked out in a given month, then earnings are determined by dividing the established rate by the calendar number of working days. The result is multiplied by the number of working days paid by the organization.

With time-bonus wages, a bonus is added to the amount of earnings at the tariff, which is set as a percentage of the tariff rate. Bonuses are paid in accordance with the provisions on bonuses, which are developed and approved in each organization. The provisions provide for specific indicators and conditions for bonuses, under which the employee has the right to demand an appropriate bonus. These indicators include: fulfillment of production targets, saving raw materials, materials, energy, growth in labor productivity, improving the quality of products, mastering new technology and technology, etc.

The piecework form of remuneration is used when it is possible to take into account the quantitative indicators of the result of labor and normalize it by establishing production standards, time standards, and a normalized production task. In the piecework form, the labor of workers is paid at piece rates in accordance with the quantity of products produced (work performed and services rendered).

The piecework form of remuneration has several systems:

Direct piece-rate - when the labor of workers is paid for the number of units of products manufactured by them and the work performed, based on fixed piece-rate rates established taking into account the necessary qualifications; piecework-progressive - in which payment is increased for production in excess of the norm; piecework bonus - wages include bonuses for exceeding production standards, achieving certain quality indicators: delivery of work on the first demand, absence of marriage, savings in materials; indirect piecework - used to pay auxiliary workers (adjusters, order pickers, etc.). The amount of their earnings is determined as a percentage of the earnings of the main workers whose labor they serve. 2. Restrictions on payment of wages in kind. Not the entire salary of an employee can be paid by the employer in kind. The size of the non-monetary part is strictly limited by the Labor Code. However, as well as the types of property that can be used as wages. Moreover, the procedure depends on the type of property used. accounting. On account of the salary, you can issue any property that is beneficial or suitable for the personal consumption of the employee. At the same time, Article 131 of the Labor Code of the Russian Federation prohibits the issuance of: alcoholic beverages, narcotic, toxic, poisonous and harmful substances, weapons and ammunition, bonds and coupons, IOUs. The part of the salary that is paid in kind should not exceed 20% of the total amount of the accrued salary for the month (Article 131 of the Labor Code of the Russian Federation). If the value of the property that the employee asks to give him on account of his salary is more than this maximum, it is better to formalize the sale of the property. To do this, on the day the salary is paid for the value of the issued property, punch a cashier's check, and the employee must sign for the entire amount on the payroll. Then, according to the documents, it turns out that the employee purchased the property for cash, and the entire salary was given to him in cash. The payment of wages in kind may be recognized as unreasonable if employees are given goods at a cost that is obviously higher than the market value (paragraph 54 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2). In this case, the market price of the goods is recognized at the time of payment of wages in the region where the organization is located. Limitation of the list of grounds and amounts of deductions from wages. Order, place and terms of payment of wages. Responsibility of the employer for violation of the terms of payment of wages

Limitation of the list of grounds and amounts of deductions from wages.

Order, place and terms of payment of wages. Responsibility of the employer for violation of the terms of payment of wages.

When paying wages, the employer is obliged to notify each employee in writing: 1) about the components of wages due to him for the relevant period; 2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, for the payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee; 3) on the amount and grounds for the deductions made; 4) on the total amount of money to be paid. The form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place of performance of work by him or transferred to the bank account indicated by the employee on the terms determined by the collective agreement or labor contract. The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract. Wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract. Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract. For certain categories of employees, federal law may establish other terms for the payment of wages. If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day. Holidays are paid no later than three days before the start of the holiday. The employer and (or) the representatives of the employer duly authorized by him, who allowed the delay in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code of the Russian Federation and other federal laws. In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. Suspension of work is not allowed: ■ during periods of introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency; ■ in bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of national defense and state security; ■ rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergencies; ■ in law enforcement agencies; ■ government employees; ■ in organizations directly servicing especially hazardous types of production and equipment;

■ employees directly, in accordance with their labor duties related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency stations medical care). For violation by the employer of the established deadline for the payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from unpaid amounts for each day of delay, starting from the next day after the due date of payment up to and including the day of actual settlement. In this case, the specific amount of monetary compensation paid to the employee is determined by the collective agreement or labor contract. Employees have the right to demand compensation for moral damage. The Code of Administrative Offenses (Article 5.27) provides for administrative liability of officials for violation of the terms of payment of wages in the form of a fine from 5 to 50 minimum dimensions remuneration imposed by the bodies of the State Labor Inspectorate, and in case of a repeated similar offense - disqualification for a period of 1 to 3 years. Employers are also subject to criminal liability for late payment of wages. During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours. An employee who was absent during his working hours at the workplace during the period of suspension of work is obliged to return to work no later than the next business day after receiving a written notice from the employer of readiness to pay the delayed wages on the day the employee leaves for work.

Remuneration for work in special conditions.

Article 146 of the Labor Code of the Russian Federation provides for a general rule on an increased amount of wages in cases where work takes place in special conditions, which is understood as a combination of factors in the working environment and the labor process that affect the worker's performance and health. In the material presented, we will consider special working conditions under which labor legislation provides for payment in an increased amount. The provisions of Article 146 of the Labor Code of the Russian Federation provide general principle increase in wages under unfavorable conditions for the implementation of labor activity, which is then disclosed in articles 147, 148 of the Labor Code of the Russian Federation. Also in this article, the legislator singled out 4 groups of special working conditions: hard work; work with harmful conditions labor; work with dangerous working conditions; work in areas with special climatic conditions; work with other special working conditions, which we will talk about later. Payment for labor of workers engaged in heavy work, work with harmful, dangerous and other special working conditions. According to Article 147 of the Labor Code of the Russian Federation harmful and (or) dangerous and other special working conditions, is set at an increased rate in comparison with tariff rates, salaries (official salaries) established for various types of work with normal working conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms. Specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations, or by a collective agreement, an employment contract. Article 146. Remuneration in special conditions

[Labor Code of the Russian Federation] [Chapter 21] [Article 146] The remuneration of workers employed in work with harmful and (or) dangerous working conditions is made at an increased rate. climatic conditions.

Remuneration for work in conditions different from normal.

The concept and types of guarantee payments and additional payments.

Compensation payments to employees.

Compensations are monetary payments established for the purpose of compensating employees for the costs associated with the performance of their labor duties and other obligations stipulated by law. 1. Compensation for business trips. A business trip is a trip by an employee on the order of the employer for a certain period of time to perform an official assignment outside the place of permanent work. Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips (Article 166 of the Labor Code). When traveling on a business trip, the employer is obliged to reimburse the following expenses: for travel (there and back); for renting a dwelling (payment for housing); expenses related to living outside the place of permanent residence (daily allowance); other expenses incurred by the employee with the permission or knowledge of the employer. 2. Compensations for moving to work in another area are paid at the expense of the employer of the new place of work. These include the costs of moving the employee, his family members and transporting property (if the employer has not provided a means of transportation); per diem for the journey; expenses for settling in a new place; "lifting" in the form of a lump-sum allowance in the amount of a monthly salary at a new place of work. 3. Compensations for the use by an employee of personal property (tools, machines) in the interests of the employer, with his permission or knowledge, are paid for depreciation of the tools, instruments, personal vehicles used. The basis for the payment is an order specifying the amount of the payment. They are carried out once a month. 4. Compensation for forced incomplete time. Taking into account earnings, monthly compensation should not exceed the established minimum wage, paid from the employment fund of the production administration to those who previously worked full-time, and after transferring to part-time worked for less than two months. This compensation is paid for no more than six months.