Any changes to the employment contract, including the transfer of an employee to a less paid position, can be carried out only with the consent of the employee himself. The employer can make such a transfer on his own initiative only with an objective change in certain working conditions.
A wage condition is mandatory for inclusion in an employment contract, therefore, when transferring to a lower-paid position, the parties to the employment relationship must conclude an additional agreement. Signing such an agreement and making changes to the contract is possible only with the consent of the employee himself, who, as a rule, is not interested in switching to a job that is paid at a lower rate. The employer can independently draw up such changes, and in the absence of the employee's consent to them, dismiss him only if there are serious changes in the technological or organizational working conditions throughout the company. At the same time, it is important to follow the procedure for making such changes described in the Labor Code of the Russian Federation.
In what order is the transfer to a lower-paid position made
A special order is issued on the need to change labor contracts in connection with the upcoming organizational or technological changes in production. After that, notifications of upcoming changes are sent to employees whose working conditions are planned to be changed, and each employee must receive such notifications against a personal signature no later than two months before the onset of the indicated events. If the employee refuses to sign the notice (to confirm its receipt), then a special act should be drawn up in which these circumstances are recorded. If an employee refuses to work under the changed conditions, the organization is obliged to offer him a transfer to other vacant positions (including lower paid ones). If he also does not agree to the translation, then the employment contract with him is terminated.
What to do when an employee goes to court
Some employees believe that the employer violates their rights when making the changes described above, so they try to reinstate in their previous place of work in court. If an employee files an appropriate claim in court, then the company will be obliged to prove the actual existence of organizational or technological changes that caused a unilateral change in the terms of previously concluded contracts. In addition, any violation of the transfer or dismissal procedure on the part of the organization can become the basis for the reinstatement of an employee, therefore, the sequence of actions described above on the part of the employer should be carefully followed.
