Labour Code

Labour Code does not establish detailed procedures to prevent. However, we recommend acquaint the employee on receipt of appropriate written document (an order or warning). If the employee does not agree to work under new conditions of remuneration, the employer must in writing invite him other information available to him was his job (as a vacant position or job, the appropriate qualifications of the employee and the vacant lower position or lower-paid job), the employee can perform, given its health. If the employer is obliged to offer all the employee meets these requirements vacancy available to him in the locality, which is a place of permanent workers. Job offer other places the employer must, if it is provided by the collective agreement, agreements, employment contract. In the absence of suitable vacancies or employee refuses the offered job employer gets the right to dismiss an employee in accordance with paragraph 7 of the first part of Article 77 of the Labour Code (failure to continue to work due to changes in certain sides of the employment contract). If the employee agrees continue to work under new conditions of remuneration, parties execute an agreement modifying the terms of the employment contract.

With regard to working hours, or more precisely, his regime, as a general rule it not established an employment contract, and the internal labor regulations (article 100 of the Customs Code). In other words, working hours are local regulatory in nature and does not apply to individual certain circle of people (of all employees of the employer and employees of particular departments or positions). In this regard, for the restructuring of work the employer is usually not required to change employment contracts and internal regulations. It should be remembered that according to Article 160 of the Labour Code working time rules apply to labor standards. In turn, Article 162 Labour Code stipulates that the introduction of new labor standards, workers should be notified no later than two months. Therefore, in case of changes in working time regulations, we recommend advance notify this through the knowledge of employees under the painting.

In employment contract on the condition of working time shall be included only if allocated to a particular employee's working hours differ from the general rules applicable in the employer (Article 57 Labour Code). If working hours are also registered in the employment contract, the relevant condition, as a condition of payment, may be changed by the employer in cases where it can not be saved due to changes in technology or labor organization. The procedure for changing conditions of employment of the working time regime similar to the order changing the conditions of remuneration (Article 74 of the Labour Code). At the same time refusing the employee to continue working due to changes in employment conditions of working hours can also result in dismissal. In conclusion, it should be noted that experts attribute the change employment contract by the employer for employment matters of high complexity. In this regard, we encourage employers to pay particular attention to legal support for these activities.

Tags: ,
| November 8th, 2011 | Posted in General |

Comments are closed.