Downgrading an employee is an extremely sensitive issue for both the employee and the HR manager. However, sometimes for objective reasons it is necessary to do this. Let's consider how to formalize this procedure according to the law.
Instructions
Step 1
There are two legal ways to demote employees in their positions: by agreement of the parties, or by carrying out certification and identifying their inadequacy for the position. Of course, the first method is the most convenient. To do this, you need to agree with the employee. If he himself understands that he has omitted a lot of mistakes and is not able to be in this position, then, as a rule, he will either agree to a demotion or start looking for a new job.
Step 2
However, most workers do not want their demotion, which is understandable. In this case, a downgrade can be made only after certification of the employee: according to clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation, insufficient qualifications must be officially confirmed by the results of certification. This means that the company needs to carry out certification of employees, which would show the insufficient qualifications of this employee.
Step 3
It is best if the company regularly conducts certification of personnel and, accordingly, has documents in which it is recorded how certification should be carried out and what results should be shown by qualified employees in a particular position. If such certification is not carried out, it will need to be organized. To carry out the certification, an certification commission must be formed, consisting, as a rule, of company leaders, HR managers and other employees of the company (if necessary). Only employees who have worked in their position for less than a year, pregnant women, pensioners are not subject to certification.
Step 4
Based on the results of certification (in the event that they are unsatisfactory), the employer has the right to demote an employee, dismiss him, transfer him to another position or change his working conditions (pay, powers, etc.).